Legislating Thinking Of The Statutory Matrimonial Regime

The matrimonial regime, which is a significant system of law, adjusts the marital property relationship and occupies an important position in the legislation regarding marriage and family. The matrimonial regime, relating directly to the material conditions of marriage and family life, not only influences the unity and harmony of marriage and family, but also plays an essential role in establishing the public order. The revised Marriage Law of the People's Republic of China, establishing for the first time the separate system that special personal property is owned separately by either husband or wife, forms a matrimonial regime that three types of property system coexist, including a common joint possession system, a"by-agreement"property system and a separate system. As a result, the revised Marriage Law by all means will exert profound and lasting impacts on relations between married people and domestic relations as a whole.The definition of the statutory matrimonial property regime is that if married spouses do not make a stipulation on property before and after marriage, or, when the stipulation is invalid, the law regulation will be applicable. Therefore, it is also called"complementary matrimonial property regime"in some countries.From Item Seventeen to Item Nineteen of amended"Marriage Law"which was enacted on April,2001 in China points out that Chinese matrimonial property regime is a double-track system which includes statutory matrimonial property regime and stipulated property regime. That means, if there is property stipulation between privies, the stipulation will be valid; or the law regulation will be applicable. In China, spouses are not willing to stipulate property due to the following reasons: the level of the productivity is low, people's earning and fortune are limited, traditional marriage conception is still most influential in people's mind, especially those people who live in countryside, though people's subjective consciousness are increasing. These factors also determine that the matrimonial property regime should consider about the state condition, nationality and regionality. Therefore, emphasizing statutory matrimonial property regime and taking stipulated property regime as the complimentarity is accordant with the globalization of family economy, imbalanced development of regional economy and the discrepancy which existed between cities and countryside such as traditional ideas, culture quality and economic conditions.Basic theories and content of statutory matrimonial property regime were introduced in this paper. Some shortages which existed in Chinese statutory matrimonial property regime were analyzed and some suggestions which could perfect the regime were put forward, too. It starts form the basic theory of the statutory matrimonial property regime, then the comparison of different countries, and ends as the current situation of our country and the suggestions for improvement.This paper added up to about 30,000 words and was divided into three chapters.Chapter One is the general theory of statutory marital property. First part makes the meaning of property between husband and wife clear; the second part classifies marital property according to the different classification system; this whole chapter introduced the general theory of marital property system in a general.Chapter Two is the introduction and comparison of different national system of property owned by husband and wife legislation. The first part introduced the statutory matrimonial property regime of Continental Law Legal System, taking Germany, Switzerland, and French as the examples. . The second part introduced the statutory matrimonial property regime of English-American legal system, taking the Great Britain and the United States as examples. The legal system of each country and wife legislative vary because of different national conditions, as well. Through the analysis and comparison, we can see better of the existing legislation and provide a theoretical basis and practical basis.Chapter Three is the current state of China's statutory matrimonial property regime, the focus of the whole theme. The first part is the current state of China's statutory matrimonial property regime. The second part is the flaws and problems of the current"Marriage Law". The third part proposes some proposals. It's divided into two aspects, the overall content of the proposed regulation on the "Marriage Law" and the analysis of Article 17 of the"Marriage Law". We only regulated the matrimonial property regime in the normal situation and we require another one in the abnormal situation. Add some general regulations to meet the requirements of guidance and direction. Create the regulations about rights and obligations of spouses of property and maintain family responsibilities and the obligation of notice; clarify the ownership of the property during the separated spouses. No. 17 of"Marriage Law"describes the scope of the common property, it's essential in terms of the" Marriage Law ", the author of this article analyzes the term and points out the problems and make recommendations for improvement at the same time.