Research On Community Property

Marriage Property means a limitation in relationship between the couple's property and the adjustment in property counts on the couple's relationship. The community property has double characteristics in identity & possession. The law in marriage & family is deeply influencing on a country's morality, religion & the seoul of basic principle of social life, in which are usually regarded as the issues on public policy, and are widly reflected by domestic politics, history, culture & legislation, etc. Viewing the worldwide community property in developed countries, the basic points are focusing on division property or community property or tradeoff on the both, and having been applied in the union of legal property or contracted property. After issuing "Revised Marriage Law" in 2001 in China, compared with "Marriage Law" in 1980, much improvement in new version has been made. However, some deficiency are still existing. Additionally, the official study in law has been put great emphasis on community property and has got the common sense on disfigurement & deficiency in community property. The article is expatiating the worldwiede community property, integrating China "Marriage Law" where is applying in general questions happened to daily life and revealing some issues on community property in China, in which has been presenting the following four chapters on the views of Chinese community property.Chapter One, "Summarizing on Communtiy Property". The portion introduces some concepts, characteristics, legislation, content & styles in community property. And from a general point, the portion also includes some research on basic theory in community property. As a matter of fact, the community property can be traced to a development & equivalent position between the couples. Before 20 century, wherever in mainland, UK, USA or France, the wife used to depend on the husband in property and never got a right in control and domination of family community property. After 20 century, with the improvement of women's social position, the women's right in contol and domination in family community property have been improved so much and even got the equivalent position with men.Chapter Two, "Two Branches of Legislation in Community Property". It reveals the details in legislation in Frace, Germany and some issues on legal property, contracted property and individual property in UK & USA. And the most in UK & USA are divided on the mode of community property as as to protect the wife especially the professional women's independent position in community property. And the mainland law bases on the community property, although there is a large difference from individual property & community property. However, to keep the equivalent position in couple's property, it has become a same tendency to be together.Chapter Three, "Community Property in China". The portion has a general review of Community Property in China and deeply analyzes legal property, contracted property & individual property in community property in China. In China, there never exsited some sayings like community property. The modern activities launched from Qing Dynasty, the original community property completely learnt & absorbed from the western legislations. The two versions of "Marriage Law" in 1950 & 1980 after liberation had been issued and the version of 1980 also had been modified in 2001 and had improved so much in community property, in which limited the possession after marriage as the legal property, so as to be tally with our country's situation. It limited the couple's community property and affirmed the individual property between the couples. And meanwhile it also withdrawed some issues from previous "Marriage Law" where contained some irregular reverts in community property and stipulated some in contract property. All the above have got much progress comparing with 1980 version.Chapter IV. View & Shortage of China Community Property in Judicatory Pratice, from analysis of the true case, it points out some questions to adscriptions of expectation benefit in knowledge copyright, right protection of domanpartner owner in community property and the shortage of agent on couple's family issues, etc, so as to further prove necessity of improvement in community property.Chapter V. View of Legislation to Improve Chinese Community Property, it is suggesting a defination to adscription of expectation befefit of knowledge copyright in legislation being necessary and is requiring a connection in property adscription should be made with international regulations in inheritation & bestowal, in which build up the right protection in domanpartner owner in property, furhter improvement in personal peculiar property and the agent on couple's family issues. The part refers to the supplement of extraordinary legel property and details in regulations of contracted property. In general, some terms of community property in current "Marriage Law" is quite simple and unfit for the current marketing recourse, consumption & verification so as to full the content & fruit in the application of Chinese community property.