On The Flaw Of Chinese Conjugal Property System From The Legislative Perspective

The legislative body in our country has promulgated three marriage laws since the foundation of People's Republic of China, and the present system of conjugal property regulations gradually comes into being. The system emphasizes such humanitarian ideals as gender equality, will autonomy, and the protection of the weak, and prescribes in detail the ownership of conjugal property, asset attribution, property compensation, and so on. Thus, the traditional laws in China, which respect the power of the husband and ignore women's property rights, have been replaced by modern system of conjugal property regulations. Further, the system protects the mutual interests of both the husband and the wife, secures economic transactions, and promotes the progress of the harmonious society.However, with the development of both reform and opening-up and market economy, new situations and problems appear. The present system is imperfect and is lacking in the universal principle. Besides, it has deviated from the social status quo and is filled with legal vacuum and shortage, the negative effects of which can not be underestimated. Nonetheless, the legislative body has not provided sufficient legal policies, as far as the above problems in the system of conjugal property regulations are concerned.This thesis, aimed at solving the above problems, explores the history and status quo of the system of conjugal property regulations in China, and offers a panoramic introduction of the development of the system of conjugal property regulations, on the basis of which the present author points out the flaws in the system of conjugal property regulations, and gives advice from the perspective of legal originality and the present characteristics of the system. By consulting relative legislations of other advanced countries of continent system of law, and by considering the new characteristics and problems in the system of conjugal property regulations, the present author analyzes and tries to improve the system of conjugal property regulations. The conclusion is that by adding accidental statutory system of conjugal property rights, promulgating the universal principles of the system of conjugal property regulations, adding contents to the conjugal statutory property regulations, negotiated property regulations, and individual-exclusive property regulations, and solving the present problems of legal vacuum and shortage in the conjugal property relationship, the system of conjugal property regulations can be used to its full capabilities to secure the mutual interests in the conjugal property relationship in the new social conditions, and can actively guide the judicial practice.