On The Of Consummation The Husbands And Wives Property System

The husbands and wives property system is directly relating the physical conditions which the husbands and wives lives, and it is the entire material fountainhead of the family life, and it is the extension of the husbands and wives status relations. In the husbands and wives property system property rights serves as the core of the husbands and wives property relations, and it receives the universal attention because it involves the rights and interests husbands and wives both sides and the third person."Marriage law" revised in 2001 is clear about the specific stipulations to the husbands and wives property system, and it has consummated the husbands and wives property system, and has improved the private law system. It has manifested the judicial fair justice powerfully, and has safeguarded the lasting time of the marriage life, but simultaneously some remarkable problems also exist. This article tries to elaborate the suitableness of the current husbands and wives property system in our country from three aspects: the present situation of the problem, the reasons of the problem, and the improvement of it. This article follows the way of propose the problem——analysis problem——solve the problem.In the first part this article proposed some problems in the suitableness of the husbands and wives property system such as the legislation lacks to pay attention to the folk custom; the legislation lag, lacks the flexibility, the judicature lacks to be operational and so on. And these problems are proposed in view of the husbands and wives property dispute which emerges one after another incessantly such as the creditor's rights disputation, the house disputation and so on. The second part analyses the reasons of the problems. The problem of the suitableness of the husbands and wives property system is the design flaw of the property relations caused by the unclear guiding ideology of the husbands and wives property relations legislation. In the third part, the author proposed his own conception to the husbands and wives property system suitableness consummation in our country such as to establish concrete rules of the legislation principle, the legislation orientation, consummates the husbands and wives property relations in the husbands and wives property system as well as has carried on the elaboration from the view of the convenience of the judicial operation procedural law. The husbands and wives property system has been clear about marital and the family legal liability of both marital litigant, and also has safeguarded the old and young sick and disabled, and just because it has the great significance, as the basic composition factor in the social organism, the author has chosen this proposition and has carried on the discussion from these three aspects.