On The Defects And Improvement Of The Marital Property System In Our Country

Property of spouse is a special property relationship on the foundation of matrimonial identity. It is the law system on aspects of confirm the property belonging to husband and wife which before and after marriage and the property responsibility of management, usage, benefit, distribute and external and liquidation at the end of marriage. The content of Property of spouse changes at different time in different area and is affected by legal tradition, politics, economy, and culture of certain country. So far, there are several typical types of Property of spouse in various countries including the unified property system, the joint property system, the separate property system, the community property system. In our country, the revised Marriage Law in the 1980 regulated the community property system, separate property system and contractual property system. The emendation makes the systematism of Property of spouse improved and gives more protection to each part of spouse. But there are still efects such as the inadequate style and lack of general rules exist. From the legislation aspect, the regulation on various types of property of spouse is not detailed enough. So it is necessary to do more research and improvement to Property of spouse. First, increase general rules about Property of spouse in Marriage Law. Second, regulate the three different property types in detail. Third, increase the regulation of unusual property system.