Research On Legal Husband And Wife Property System In China

Property between husband and wife relationship is important to adjust the content of the Marriage Law. Amended in 2001, "Marriage" of the statutory matrimonial property system of marital property and one common property of all individuals listed in the scope-type provisions, to a certain extent filled the gaps in previous legislation, property relations of marriage provides a wide range of status quo more choice of law, but the revised "Marriage" in the statutory matrimonial property system of the overall framework there are still shortcomings, as follows: General provisions of the lack of common property and personal property limits of the scope of comprehensive enough for the operation of the dynamic property mechanism the lack of legal provisions. This article on China's legal system of matrimonial property, personal property-specific content included in the interpretation and exposition of the statutory matrimonial property system in China, especially the common property of husband and wife of the sound system was discussed, the current "marriage" and judicial identified to explain the couple's property in common areas of the analysis, with a view to be amended to define the scope. Thesis is divided into three parts.The first part focused on the statutory matrimonial property system of China's characteristics and legislative models. Statutory matrimonial property system applicable to the forced nature of their property from husband and wife agreed upon the importance of legal characteristics. And its content is with the agreement of all the statutory legal characteristics of the corresponding. Statutory matrimonial property system for the legislative model, the contemporary cases of multi-national legislation is usually taken to establish legal property system and property system is a combination of set the model property in the specific choice of form, more than the couple adopted a community-property unique and personal property the form of composites, the Western countries more than in the compound in an individual based on specific property, but our country, through the test of China's traditional concept of marriage and the current social marital status, the article pointed out that the statutory matrimonial property system of China's legislative mode choice choice made possible, for the establishment of a conjugal property of the compound based on the legislative model. The second part of the principal of our system of legal content of property between husband and wife, our country's legal system, including the matrimonial property system that is common property of husband and wife after the marriage from the common system of unique and personal property. In this paper, based on "marriage" provisions, combined with the relevant judicial interpretations of the Supreme People's Court of China's system of common characteristics of husband and wife, husband and wife co-property rights, the scope of matrimonial property and other issues, made a more detailed assessment. In particular, the existing law of matrimonial property on the scope of the provisions of the legislation pointed out that the meaning of progress, focusing on analysis of the current inadequacies of the provisions, such as caused by the conflict in legislation, to reverse the common property of husband and wife and individual-specific, such as property boundaries. With a view to improve future legislation.The third part of our country, "Marriage," by the legislation of the statutory matrimonial property system, to identify shortcomings and deficiencies in the reasons for the need to improve and suggestions on how to improve when the line. Mainly manifested in less than in the overall structure of the building system, the basic system is still not perfect, such as the lack of a common property of husband and wife dynamic transport mechanisms that regulate the system of common property management system of couples. Due to lack of the system, resulting in the couple of property management activities on the outside have a negative impact, on the one hand so that the protection of the interests of third parties are affected, but also disrupt the transaction to the detriment of order transactions. The value of domestic work, the existing legal system does not recognize marital property, which has not yet been fully resolved to improve the status of equality between husband and wife, in particular on the legal status of women to enhance their protection of property rights and interests, the existence of legislation defects. In the legislative model, China's legal system of matrimonial property is usually provided only where, and does not involve very much property. To this end, the husband and wife in the existing statutory framework for the system of common property, in a particular subject at present, only to divorce in order to achieve the division of common property, such a system, the lack of flexibility and high social costs, marriage parties have lost more interests. That is, mainly because of the feelings of the conditions of divorce and property of the content in such a system, have taken place has done its job, non-marital relationship is broken can not be achieved on the division of matrimonial property. In view of this, the system should be introduced very property. Intangible property rights for the husband and wife should be the common property included in the scope of academic controversy, the author expressed their view that does not have the money for the intangible value of the contents of the qualifications, skills, etc. should first examine the attributes of their property can be set in accordance with the law of matrimonial property system defined requirements. Do not have the money to the value of content, of course, is not a property listIn short, with the continuous development of society, property relations between husband and wife become increasingly diverse, complex, and the property relations of husband and wife that the division of treatment and brought many new challenges, for the protection of personal property and the right to voice the needs and growing on the disposition of property between husband and wife relationship to the family, social stability and the socialist market economy and healthy development. In view of the current "marriage" exposed the shortcomings, they are not well balanced the interests of both husband and wife in order to deviate from the legal concept of fair and equitable, and higher level, will affect the interests of third parties, disruption of the transaction order, to that end, China property of the husband and wife is still the need to improve the sound system.