On The Counter-Thinking And Improvement Of The Legal System Of Husband And Wife's Property Of Our Country

The system of husband and wife's property,also called the system of marital property,is the legal system which stipulates the financial relationship between husband and wife.It is not only a key point in the marital and domestic system,but also a guarantee of marriage and domesticity.It clarifies a spouse's legal duty to marriage and family, furthermore,it is one of the guideline to scale a spouse's status in a family. The system can be divided into the legal one and the promissory one according to its' genesic basis.The paper that covers the connotation,the characteristic and the existing problems of the system chooses the former one,especially under the modem judiciary,as the keystone and core to study from individually to commonly and from practically to theoretically. The paper also gives relative rational modus operandi to the problems.Concretely,the paper chooses the legal system of community property as the cut-in point and analyses the basic theory of the system. Having clarified the concept of the system,the paper gives a further theoretical analysis of the two segments of the system.The second part of the paper dissertates the evolvement and the counter-thinking of the existing system of husband and wife's property of our country.It mainly gives a systemic review of the regulations concerning husband and wife's property in our country and presents an expectation of its' tendency.In this part,the paper also put forward the limitations and problems of the existing rules where the rights of husband and wife's property are not complete,the substantiality is paid.attention to and the procedure is belittled,the stipulations concerning determining the nature and partitioning of new properties such as the mortgage loan,the ascription of the intellectual property and the inherited property are absent.In the third part,the paper brings forward the improvement suggestions of existing system.Firstly,from the viewpoint of lawmaking value,the value of the legal system of husband and wife's property is confirmed as the value of equality and justice,the equality between the males and females,the protection of spouse's individual rights as well as the promotion of familial harmony.Secondly,from the viewpoint of improvement,the paper suggests the scope of community property be definite,the rules concerning inexplicit property be added to,the scope of financial compensation be broadened,the system of the registration of husband and wife's property and its' procedure be established,the promissory property be balanced on special occasions and the special legal system of husband and wife's property be set up.