Our Country Legal Husbands And Wives Property System Searches Analyzes

Our country present marriage law was on April 28,2001 revises by the ninth Standing Committee of the National People's Congress Standing committee 21st conference,this bill for amendment has continued to use the husbands and wives property system which the legal property system and the agreement property system unified.The husbands and wives property system is stipulated that between the husbands and wives the property relations' legal regime,takes seriously for various countries conjugal family law.At present,in our country legal property system is the main suitable property system,the overwhelming majority husbands and wives in marriage ties lasting period is defers to legal property relations whence managing finances to produce the relations,thus in the husbands and wives property system,the legal property system has the special important status.The new marriage law revision has 7 years until now,between 7 years China's economical swift development,the people living standard enhances greatly,the family wealth increases unceasingly,as following husbands' and wives' property share is also getting bigger and bigger,the property dispute when divorces to be also getting more and more.In this kind of situation,in the marriage law certain property stipulation did not adapt the social economy situation,the husbands and wives property content and the diversification and the complication formally,will need to arrange the form in the next code civil legislation advancement by the relative to further consummate.This article elaborates our country legal husbands and wives property system from our country present marriage law's angle.Through the mainland,Hong Kong and Macao,in the Taiwan area four law territory present legal husbands and wives property system's type comparative analysis,obtains our country mainland legal husbands and wives property system to have the time progressive conclusion,the wife has certain property rights in the family,the male and female property right equality, husbands' and wives' in family equality in status.Our country present marriage law has made a more detailed stipulation to the husbands and wives property ownership,was also substantial to the husbands and wives property content's stipulation,has reflected the social development request. And,was clear has limited the legal community property scope and the husbands and wives to the joint property right,and paid attention to the time characteristic which recovered to the 21st century husbands and wives personal property right consciousness,in 1980 the marriage law suitably reduced the community property scope;In addition,but also has set up the husbands and wives legal individual special property system,this system is advantageous in enhancing the marital litigant to create the wealth the enthusiasm,in the new marriage law the refinement agreement property system,has meanwhile manifested to the weak one protection.Although our country husbands and wives legal property system assumes the progress tendency gradually,but also has many insufficiencies while progressive,has many legal rules to wait for consummating.This article carries on the analysis from three parts to elaborate:The first part:Mainly makes the basic outline to the legal husbands and wives property system.Carries on the limits to the legal husbands and wives property system concept,analyzes its characteristic and the historical evolution,simultaneously carries on the comparison with the modern various countries' legal husbands and wives property system,draws legislation of pursue conclusion various countries' legal husbands and wives property system.The second part:Carries on the analysis to our country legal husbands and wives property system.Through carries on to our country both banks four area present legal husbands and wives property system's legislative stipulation quite studies,analyzes our country mainland legal husbands and wives property system the superiority and the insufficiency.The third part:Proposed that consummates our country present legal husbands and wives property system the legislative suggestion.Our country legal after marriage obtained makes and the legal individual special property system together,establishes the fair principle in the marriage law to make the macroscopic instruction.