The Researches And Analyzes On Matrimonial Regime In Our Country

After the ninth Session of Standing Committee of the People's Congress have passed "about Revised Decision of 'Marriage Law of the People's Republic of China'" On April 28, 2001, the Supreme People's Court also published two judicial interpretation to be suitable some problems of "Marriage Law of the People's Republic of China". Thus, our country's marriage law developed almost half century and has formed the rounded system. The husband and wife property relations are an important content in this times revises of marriage law. The husband and wife property Regime is necessary on the husband and wife's relations, especially in the marital family its importance was enhanced day by day. With the development of socialist market economy, the personal relations became weak, and the property relations strengthened gradually. Therefore, husband and wife's property relations were paid more and more attention by people. Thus, this paper makes present husband and wife's property Regime in our country and the contemporary relative institution of law of other countries as the theoretical principle which has researched and discussed the present husband and wife's property Regime in our country.In the first and the second part this paper has elaborated on the basic concept of the Matrimonial Regime and brief introduction of the legislative act of Matrimonial Regime in foreign countries. In these two parts, Matrimonial Regime was divided into different species according to different standards. On the basis of legislative forms it was divided into legal property regime and promises property regime. According to the contents and features of Matrimonial Regime which was divided into community property regime, separation of property regime, residual property regime, Union of property regime and unity of property regime.The third part mainly elaborates on relevant legal rule of the Matrimonial Regime in Our Country. In this part, this paper has analyzed and explained the stipulation of the marriage law. It Makes clear the dominant position of the legal property system-community property regime in the Matrimonial Regime; makes clear the scope of the joint estate; differentiates the husband and wife's personal property. It also made clear the type and the scope of husband and wife's separate property with the way of the enumerated and the summary, and officially confirmed the status of husband and wife's separate property. Simultaneously, it has analyzed the scope, the form, the potency, and the effective condition of promises property, as well as its' significance.The fourth part mainly introduced the property dispute treatment of divorce in the judicial practice from the practice angle. First it explained property dispute processing principle and processing method when people divorced, then discussed several kind of property divisions that on peculiar circumstance when people divorced.The fifth part evaluated the progress of Matrimonial Regime in our country and the existence legislation flaw, and proposed some consummates which could promote the Matrimonial Regime of our country. In this part, it firstly pointed out the new marriage law tending to the consummation in the system; enhanced the legal status of promises property, as well as the characteristics on the maintenance transaction security function's breakthrough. At the same time, it had also pointed out some problems of the new marriage law exists. Finally aiming at above questions, the author proposed some individual legislative suggestions in the foundation of absorbing and borrowing the research results from the predecessor, and expected our country's present Matrimonial Regime becoming more promoted.