The Matrimonial Property System Of The PRC & The Realization Of The Female Property Rights

Matrimonial property system, which is also named the marriage property system, is a legal system that governs the properties of a married couple. A complete matrimonial property system is the material guarantee of the normal functioning of a conjugal family, and the basis for solution of problems. Therefore, the importance of matrimonial property system is self-evident.Based on the principle of equality between male and female, the marriage law of the PRC was reformed three times in the year 1950,1980 and 2001 respectively, which has greatly contributed to the realization of the gender equality, family harmony and the improvement of female property right. However, the clauses concerning matrimonial property system in the present Marriage Law are still lack of gender consciousness, which is essential to the development of female property rights.This paper firstly introduces the basic concepts of matrimonial property system, with its types and legislative principles, secondly analyzes the social factors regarding the improvement of female property rights, thirdly points out the flaws of the present matrimonial property system in China. Lastly, this paper proposes some amendments on the present statutory matrimonial property system, matrimonial contractual property system, matrimonial individual property system, and divorce relief system with the hope that those suggestions could be propitious to the amendment on the marriage and family chapter of civil code in our country.