On Matrimonial Property In China

With the rapid development of market economy, the great changes have taken place in social economy, culture, and property relations of couple are becoming more complicated. New "Marriage Law" revised on April 28, 2001 ,complied with the requirement of times, to the common ranges of all property and property personally owned of one party of both sides in legal matrimonial regime, has made the comparatively concrete regulation in property agreement and rendering a service among couple, etc., has filled the past legislation blank in the certain degree, related the even more multiplex present situation to the family asset to provide more choices. However, there are only several clauses in the main fixed property relations of couple of "Marriage Law" after revising. This makes the party difficult to fully safeguard one's own legal property right, unfavorable to the development of the whole society. So, I plan to set up the general regulation of property relations of couple, set up the very legal property system, and improve the agreement property system discussing how to further improve the property systems of couple of our country. The thesis is divided into four parts together.The first part of the thesis mainly manufactures a brief summary to couple's property. First of all, I have introduced the concept of the matrimonial regime;Then, four aspects of the research range of the matrimonial regime:"legislative form of matrimonial regime", "couple's property power", "burden of family's living expenses", "relief measure of matrimonial regime "have been introduced.Secondly, I have introduced two types of the matrimonial regime:the legal property system and the agreement property system. The legal property system, means the applicable matrimonial regime directly according to the stipulations of law, while couple don't make a stipulation on property relations before or after marriage,or while agreement is invalid;The agreement property system, means the marriage party by way of agreement, choose to determine the legal system of the matrimonial regime form.Moreover, I have introduced six types of the matrimonial regime in the marriage legislation in modern times after summarizing the introduction: 1.Unify the property system;2.Unite the property system; 3.Differentiate the property system;4.System of the common property;5.System of the surplus common property;6.Peculiar property system.Finally, I have introduced the legislative principle of the matrimonial regime briefly. The economic living condition of the modern society and the functions of the marriage and family, determine that the modern matrimonial regime mainly has the following legislative principles: 1. Equal principles of couple. Under the circumstances that this property is made, men and women, no matter how much the personal income is, have equal rights to couple's property, shoulder equal obligation at the same time. 2. Agreement first legal principle. It has reflected the law of marriage and family of basic attribute requirement that the civil law is the private law which is in the range that the law allows, should try hard to respect the party's will too. 3. Ensure interests principles of the weak. This reflects that paying close attention to weaker spouse in economic ability especially protecting in the modern matrimonial regime. 4. Protect the security principle of the trade. The matrimonial regime is restraining the civil trade of involving couple's property from being safe directly. So, It should be considered while setting up matrimonial regime while safeguarding the safe principle of the trade.The second part of thesis mainly makes an introduction and analysis from the legislative evolution of the property systems of couple of our country and three kinds of form angles of the property systems of couple of our country about the current property systems of couple of our country. Not having the matrimonial regime of the meaning for modern times in the ancient society of our country. This has close relations with traditional and unique gift of the Chinese society, patriarchal system. After new China is established, the legislation of the property of couple of our country has gone through the course of development and change. The current marriage law of our country adopts the legal matrimonial regime and agreement property and makes the matrimonial regime combined, it is the combination that the common property of the couple is made and made with the personal peculiar property that the legal property is made, agree on the property and make and adopt matrimonial regime limited.The third part of thesis carries on more overall analysis to the defect of the current property systems of couple of our country. Though the property systems of couple of our country make greater progress compared with before, met the need that the field situation of marriage and family changes at present in time. But in real life with the use of its own shortcomings have gradually emerged, such as the irrational structure, provisions too, is simple, some of the operational problems such as inadequate judicial practice as well as the parties to a marriage application brought many difficulties, still unable to totally meet demands of society, does not make property systems of couple form a comparatively complete structural system. Particularly, it is insufficient that current property systems of couple also have the following aspects: 1.Current couple property system lacks general rule stipulation and The very legal property system, and is still leaky on the regulation in contents such as the procedure, etc., ownership and the main body of the property, confirming of some particular property of the couple's in the marriage, and lacks the effectiveness. 2. Bear the question and stipulation that are not enough for the clear regulation about range and responsibility of couple's debt, still too simple.The fourth part of thesis proposes the perfect mentality in view of the above our country present couple property system in insufficiency. Say, should increase the general rule regulation about matrimonial regime at first on the whole, secondly should increase the regulation of very legal matrimonial regime. Particularly, The legal property system, define the ownership of some special couple's property, for instance the ownership of the income, intellectual property right interests while living apart that a spouse participates in bonus, couple obtaining it such as various literature and art, the sports match, etc.. Finally, direct against couple's debt, differentiate common obligation of couple and personal debt, to the range of couple's debt and the undertaking to make the clear regulation of responsibility, as to the common obligation, couple should bear joint liability, but the personal debt of couple is on the principle that couple bear personal property.In a word, property systems of couple, no matter to marriage party, family, even if to the third person of the trade, all have a very important meaning. As a part of civil law, the basic spirit such as being fair that the matrimonial regime legislates to carry out the civil law, but the part of reaching the marriage law specifically is spoken, couple property system have ethics nature their require I combine of our country actual conditions put forward improve of our country legislative suggestion of matrimonial regime alone, hope that so as to cast a brick to attract jade, cause more experts and scholars to study this problem, in the hope of improving the matrimonial regime of our country as soon as possible, the better one makes due contribution for family's harmony, social stability.