On Improvement Of Marital Common Property System

Family is the cell of the whole society, the normal operation of family for social health and sustainable development provides basic conditions. The composition of the family is based on the relationship between husband and wife. Therefore, the relationship of spouses is the most important social relations. In addition to the human body relation between husband and wife, Matrimonial property system acts as the key in the stipulation of couple relationship. It regulates the property rights between the couple. And the legislation of matrimonial property related to the happiness and health of people, stability and development of society, the construction of the social morality and ethic. And then re-depth study of this paper is the Property System of spouses as an important component of couple's common property. This paper according to the relevant provisions of the Law of Marriage of China, the specific analysis of the Property Law for the marriage common property in the applicable laws, study of the marriage common property regulation, pointed out that our country for the marriage common property legislation, and the deficiency in some countries and regions in the marriage common property, discusses the achievements of the marriage common property regulation in legislation. This paper is divided into the following three parts: The first part, point out the legislative shortcomings of the marriage property regulation from the four aspects: 1. The lack of matrimonial property system of the provisions of the general; 2. The legal concept of marriage common property is not rigorous; 3. The lack of marriage common property management system; 4. There is no hot spots of judicial practice .The second part, Combining with the Property Law, discusses the marriage common property regulation, the first list of the property law for common property. Then, this paper discusses the property for the marriage common property regulation, specific analysis of the influence of the Property Law for the marriage common property regulation and discusses the contribution to public property ownership with legal and conflict.The third part, through the inspection of the foreign related laws, discusses marriage common property regulation for legislation suggestion: add general rules; the common property scope prescribed for the perfect; the establishment of daily chores and agency system; add special legal property system; the establishment of the separation system.