Rational Thought About Legislation Of Marital Property System In Our Country

The marital property system is an important legal system to adjust the marital property relations. Many countries all extremely take great care of the legislation about marital property system, especially mainland legal system countries, whose legislative system structure is rigorous, the content stipulation is exhaustive, has already become one kind of quite mature legal system. After the founding of the PRC, our country has carried on three big legislations to the marriage law, this was 1950"Marriage Law", 1980"Marriage Law" and 2001 revised "Marriage Law". Through these three legislations, the marital property system legislation system of our country has initially formed, the structure and the content consummate day by day. But along with our market economy developing unceasingly and thoroughly the social politics, the economy, the culture and so on many aspects has been deeply transforming. Our present "Marriage Law" has obvious lag and insufficiency in adjusting the marital property, adapted the judicial practice request with difficulty. Compared with the relatively mature marital property system legislation in other countries, our marital property system legislation also has flaw which can't allow to be neglected. The main manifestations are: Firstly, the legislation system and the structure are insufficiently reasonable. Secondly, the type of statutory system concerning marital property is vacancy. The extremely statutory system concerning marital property hasn't established; Conflicts have still existed in statutory system concerning marital property and other law. The concrete content stipulation of statutory system concerning marital property is careless, lacking in operations. Thirdly, the contractual marital property system is imperfect. The contractual time of marital property, the important document for effectively establishment, the contractual way, the change and cancellation of contract, is lack of explicit stipulation. At present our country is carrying on compiling the "Civil Code", and the marital property system is the important constituent of "Civil Code". Also the consummation of the marital property system is the essential condition to formulate China "Civil Code". Therefore, our country should take the formulation of "Civil Code" as a turning point to further consummate our marital property system legislation, based on our country national condition, at the same time using the advanced legislation experience from the mainland legal system and the England-America legal system countries. First, the legislation technology should be renewed. The transformation from the extensive principle to the close standard should be made, the legal conflict should be avoided as far as possible. Next, the legislation system should be consummated. The marital property system legislation should be systematized in " Civil Code ". The legislation objective which manifests the marital property system and the general rule stipulations of the property relations basic criterion should be additionally build. Thirdly, Statutory system concerning marital property's type and concrete content should be consummated. Mainly includes: Additionally building extremely statutory system concerning marital property , the ownership of marital property, preventing the legal conflict, clearly defining right for marital property, supplementing the compensation request right between the marital personal property and the marital joint property, establishing the transforming and compensating system for the non visible property, supplementing stipulation of the marital property system termination and its potency. Finally, the contractual time of marital property, the important document for effectively establishment, the contractual way, the change and cancellation of contract should be explicitly stipulated in contractual marital property. The perfect contractual marital property system should be established as soon as possible.