Research On Legal Marital Property System In Our Country

As the development of the economy and society, people became more and more attentive to the relationship of property. Connubial system is one of the important property systems; the content became more and more intricate with the development of society. Legal connubial property system is the connubial property system that the law forced and appointed, so it logical or not may effects status of couple in family directly, it also effects the social economic order, and it will effects the development of economy and society finally. It is meaningful to deal with the connubial property system accurately, protect the people's property, guarantee the safety of the business in market economy, advance familial harmony and maintain social order as base on the legal connubial property system, according to actuality of our society, evaluate the legal connubial property system exactly and use the experience of other national legislation for reference. The text is composed of three parts: the first part is the history of legal connubial property system in our country and the meaning of current legislation, the second part is estimation of current legal connubial property system in our country, the third part is modification of legal connubial property system in our country. At the first part the author realized the rules of legal connubial property system in our country by introduce the history of legislation for legal connubial property system in our country; the second part is the development of legal connubial property system in our country, that from the very beginning to the end, from the individuation to generalization, from the familial standard to individual standard; the third part is legal connubial property system in our country that has been effected seriously by the traditional culture. At the same time it also analyzes the current legal connubial property system in our country, the same as the postnuptial common property system, and deems the current postnuptial common property system in our country is the legal connubial property system that suit the development of our country. Because: the first, it suits the traditional culture in our country; the second is the need of the current situation in our country; the third is the characteristics of current connubial property system determines the validity of postnuptial common property system, the forth is the system determined by the characteristics of postnuptial common property system, the fifth is the system that satisfied the demand of legislation of marriage. The second part is estimates of current legal connubial property system in our country. At first the author deems the current legal connubial property system in our country is advanced system: on the one hand the content is concretely. It has the rules either about postnuptial common property system or individual property system, and it satisfies the need of complicated connubial property situation in true life. Further more it prescribes concretely about the connubial property system and individual property system, and improves the operating ability; on the other hand it incarnates feminism in the process of legislation. The second is compared with the example of legislation of other country the system in our country has lots of shortage, the author considered the shortage of the system as follow: the first, the system does not have the general rules about connubial property; the second is the system does not have legal property system in abnormal situation; the third is the system only has material rules about postnuptial common property system, but does not have the postnuptial common property system which can used for consequence; the forth is the system lacks of the detailed rules about postnuptial common property; the fifth is the system lacks of the stipulation of intellectual property rights; the sixth is the system lacks of the rules of connubial individual property system, the seventh is the system lacks of the rules about transform of individual property and common property. The third part, section one is discourse the purpose of value about legal connubial property system in our country. It deems the legislation of connubial property system is in the civil law scope above all, so it should incarnate fair rule in civil law; and then, connubial property system is about property system in couples, so it should respect the humanism, make the humanness as the according. Lastly for the purpose, it can facilitate the stabilization and harmony in family. The second section is as the purpose of value about legal connubial property system in our country, the author assumes the future that how to improve the legal connubial property system in our country: the first is increases the general rule about connubial property relationship, makes the general rules for deal with the connubial property relationship, and makes itsuits for the connubial property relationship that became more complex under the socialistic market economy system. The second is increase the abnormal legal connubial property system, and regulates it from four aspects such as the qualification of proposer, the reason of propose in law, the program and methods of abnormal property system's usage and force adeffect that suits the abnormal property system, by regulated the abnormal connubial system, it protects the benefits about husband and wife and the third party. The third is increases the illation about connubial property system, for solve the problem when cannot distinguish the property is connubial property or individual property clearly. The forth is increases the details about connubial property, which can protect male chauvinism or one party interfere the other party's potency about connubial property. The fifth is revises the rules of intellectual property rights, base on the time that acquired the intellectual property rights and the time that the intellectual property get income, we should prescribe about the vested interest and anticipative benefit, and it will incarnate fair rules in cavil law. The sixth is increase the special property, firstly is enlarges the scope of personal special property, secondly is prescribes the connubial special property register and property listing system, at last is prescribed the management of connubial special property and the responsibility of the property.The seventh is increases the rules about the transformation of connubial property and individual property. When they divorced all the property that obtained by him or her will be the individual property, and if any other forms, it will follow the civil law. For the individual special property, when marriage go on, the primary special property will be the connubial property, whatever the couple or the individual uses the property do any kinds action that deposits with principal and interest safeguarded against price increases.