Discussion On Protection Of Man And Wife's Personal Property Right

With the development of market economy,the legislation heart of marriage law should lie in property rather than conjugal relation and pays much attention on man and wife's property right.The lack in protecting man and wife's personal property which exists in the currently effective marriage law has brought about many problems in law practice and real marriage life,and has caused great influence on marriage system itself and the stability and amity of family life,thus directly impacts the development of our nation's market economy.In order to maintain the harmony of marriage and the stability of society,we should perfect the man and wife's property right related legislation.Therefore,by analyzing some currently effective regulations on legal liability of man and wife's individual debt in China and various problems in law practice,referring the litigation situation about how to protect individual debt in other countries,together with some related theories on marriage property system,the author puts forward some modification proposals and suggestive viewpoints.They mainly concerns the perfection of agree on property system related regulations and rules of marriage registration,and the modification of some regulations which are unfavorable to defend man and wife's personal property right in defined- by -law property system.One modification is to alter the rule who should be obligated to put to proof in individual debt and common debt when in courts.Another is to limit the range of contributory liability of one party when another party is in personal debt.By doing so,we can balance the man and wife's personal property right and safeguard business transactions,and make up the shortcomings in currently effective laws,and can perfect man and wife property system in currently effective law so as to protect the personal property right of man and wife during the period of marriage and maintain marriage system itself and the harmonious,stable family.Property can not separately exist,it can be closely connected with other property relations in various domains through different channels,such as production, management and creditor's right.In this sense,the perfection of man and wife property system legislation is not only necessary in protecting civil rights and realizing the economic function of family,but also in building law environment under the socialist economy market.