Study On The Scope Of Couple's Common Property In China

With the change of age and development of our society,China's economy and culture have gone through huge changes and social wealth is more and more.Thus, property scope and its category are becoming wider and wider.The newly-revised Marriage Law of the People's Republic of China in 2001,which,in conformance with social development situation,made relatively progressive stipulations with respect to the scope of couple's common property as well as one party's(husband or wife) property,to some extent,filled in the gap of previous laws and provided legal ground for ever-increasing and various forms of couple's common property.However,the revised Marriage Law exposes explicit shortcomings in terms of scope of couple's common property.For example,expected benefit of intellectual property,qualification certificate and other intangible property are not listed in couple's common property, which causes imbalance of equality for couples owning their property,renders difficult for clients to fully defend their legal property fights and it's also not conducive for family relationship's harmony and the entire society development.Basing on the above-mentioned problems,this paper makes detailed analysis to further specify the following issues which include expected benefit of intellectual property,property received in the form of inheriting or donation,expensive personal daily goods, post-marital fruits of pre-marital property,property attained during couple's separation, husband or wife's qualifications and skills,quality of premarital mortgaging house,and demonstrates whether those property should be categorized as couple's common property or belongs to a certain party of the couple.Through discussing and analyzing those problems occurred during judicial practice,this paper aims to further perfect definition on the scope of couple's common property in China,which casts a new light on property partition on couple's divorcement and offers guiding significance for further study.