Research On Marital Property System

The marriage family is society's basis, whose property relation is that the regular travel of family and social stability harmonious development importance ensure. Marital property system makes the legal system that property concerns as regulation between husband and wife , it includes establishment that various marital property system , change and abolish, husband and wife property before marriage and gains after marriage property belonging to , administration , usage , avails , punishment and family cost of living burden, the problem legal system such as husband and wife property clearing and division when husband and wife debt paying off , marriage end , is always taken seriously by all the countries in the world marriage family legislation. But always be not enough to perfect, still to need improvement in the regulation that upper our country legislation couple property makes at present. Owing to that purpose , the main body of this article wield integrate theory with practice and comparatively analytical method, suggest that by the fact that China-foreign legislation comparison analyzing and carrying out improving and perfecting studying , bringing forward a pertinence's on the legislation leak that our country Marital property system. This article altogether divides into four chapters:The first chapter is the fundamental theory that marital property system and the legislation basis builds. Analysis the main body of this article is carried out on the concept, law character that marital property system first, the legislation basis proceed to have discussed marital property system builds, the system among them, introducing legislation principle, legislation classification that marital property system and setting up cause of formation, for the fourth chapter perfect marital property system provides the theoretical basis.The second chapter is that the legislation history that our country's marital property system develops and current situation analyses. Seal emphasizes the marriage law having commented on and analyzed being amended in 1950 marriage law, in 1980 marriage law and in 2001 newly, by the fact that parallel method of history carrying out analysis on the concrete current situation that our country marital property system currently in effect makes, the leak that property makes for our country's marital property system in summing up fourth chapters buries a hint foreshadowing later developments in a story down.The third chapter is that China-foreign marital property system compares and draws lessons. The regulation continent genealogy of law , UK-US genealogy of law and our country Taiwan area marital property system is made with our country carries out examination comparison , finds out place of identical point and diversity , reaches to be worth succeeding the advanced legislation experience accepting and drawing lessons.The fourth chapter is that the leak and complement that our country's marital property system currently in effect makes are perfect. Introduction by the first ,second , third chapter, sums up the leak that our country's marital property system currently in effect makes , suggest that further and according to fundamental theory and advanced abroad legislation experience that marital property system, specifically for the deficiency that our country's marital property system points out, supplementing perfect suggestion, consummates our country's marital property system.