| Man and woman married not only establishing status of husband and wife, but also occur property relation in economic life. The property relations between husband and wife are the indispensable material base and guarantee for marriage life. And the relation is distinct from general property relation of property right law and debt law, hard to normalize the property relation between matrimonial identity as foundation with the legal relation on ordinary debt law or property right law. marital property system also named marriage property system and it is the law system on aspects of confirm the property belonging for husband and wife which before and after marriage and the property responsibility of management, usage, benefit, distribute and external and liquidation at the end of marriage. Along with the system of socialist market economy established in our country, merchandise exchange increasing frequently and ownership form becomes complex day by day, people also tend to diversity and complication for the demand of family and property. Because of the proportion of wealth is increased in marriage relation gradually, so establishing perfect matrimonial regime has important realistic meaning on economic development, legal system establishment, insurance establishment, stabilization, equality and harmonious family relation and maintenance the legal rights and interests of party for a country. First, this thesis have elaborated the concept, theoretical and basic type of marital property system and the applicable scope of current spouses property system of our country in detail, through the analysis and exposition development course for the marital property system of our country think that spouse property system of any age and any country or prefecture is not lawgiver stipulate follow their inclinations arbitrarily, it is the centralized reflection of social system, social economic conditions and women' s status on the relation of spouse property. At the same time, it gets influence on factors such as legislative tradition, customs habit and other ideological and culture etc. Secondly, this thesis tries to discuss the own opinion on aspects of the content, development course, inadequacy in reality and need to perfect of new Marriage Law of our country. |
