Study On The Marital Property System

As we know, family is the cell of the society, while the couple's property is the material basis for the family. The primary role of marital property relation is to undertake the property and marital status. Marital property system is known as marital property system, which means legal property relations of husband and wife involved in the related systems. Matrimonial property relation is the core of the family property system and also the essential factor in order to achieve economic functions. The reason to set the matrimonial property system, from a fundamental view, is to adjust the property relations between husband and wife, maintaining family stability and women's status, which objectively played a role in ensuring gender equality. But along with China's reform and opening up and the gradual deepening of the market economy, China's marital property system on the marital property, the external adjustment system has become one of the important laws related to the safety of market transactions. The new "Marriage Law" published in 2001 improved a lot on the marital property system, but as the socio-economic and cultural development, some of the content has hindered the development of society and needs to improve. This paper chooses matrimonial property system as research object, consisting four parts, about 27,000 words.The first part introduces an overview of matrimonial property regime. In this section the author introduces and analyzes the concept, nature and characteristics of matrimonial property system. On this basis, the value of legislation of the matrimonial property was discussed. From which we can draw that as a universal legal norms, a country's matrimonial property system should be with a certain level of productivity, the state system and the country's customs, marriage habits adapt. This determines that the set of matrimonial property is not a simple logical demand of the marriage law.The second part introduces an study on legislation of matrimonial property system. Through different perspectives on the civil law of France, Germany, Switzerland and the Anglo-American legal systems of the United States, Britain and other countries of the matrimonial property system, this paper tried to compare among these different analysis. Through this analysis, the author found the advantages and disadvantages of various legislations. It's a good way to help our country choose a better marital property system. The third part introduces China's current matrimonial property system. China's current marital property system is a relatively complete set of the property system based on the new marriage law in 2001. The new marriage law is based on the original and the integration of the existing marriage law which meets the demand for marital property rights laws under the two decades of our reform process. But from the system point of view, China's new marital property system still do exist a number of shortcomings in the legal property system and the agreement on the property.The fourth part introduces the improvement of marital property system in China. In the legislative structure, we proposed to increase the general provisions in the marital property system and promote the establishment of a very property system. In the statutory marital property system, we need to improve the management of common property rights, better the couple's external and internal debt settlement system and the marital property the compensation system. We also need to add the contracts for the agreed upon time and effective time to make specific provisions, as well as specific form and detailed and so forth.