Research On The Agreement System Of Marital Property

China's Marriage Law established the matrimonial property agreement system to meet the reality of social conditions;it played a positive role for the respect of human rights and freedoms of citizens, and a more comprehensive protection of property interests of both husband and wife.However, because of our Civil law was imperfect and the general provisions in the Marriage Law was less, and even some of the problems were not provided in law or some were ambiguous, such as the agreement time, agreement change or revocation proceedings, conditions for the agreement establishment, procedures of agreement publicity, as a result in the judicial practice, the two sides of agreement and the third person's property rights and interests were not fully protected. Therefore, it was very important that to establish marital property agreement system, by the analyses and research on the legislation and existing problems, which was suitable to the actual situation in China and scientific, standardized and orderly.Marital property agreement system is important, it is not only a legal theory issue and is worthy of in-depth study, but also a judicial practice and to be solved seriously. Marital Property Agreement System refers to the husband and wife (or intends to become couples) to contract, agreement on the prenuptial property, and on the property ownership, management, use, disposition, income and debt settlement during the marriage, and on the distribution of property after the dissolution of marriage and so on, and to remove the statutory matrimonial property applicable regime. After research and analysis at home and abroad, this paper presented the author's view and innovative and strived to development on the Marriage Law of the theory, put forward valuable insights from the point of matrimonial property agreement.This paper is divided into four sections:The first part examined the general theory of Marital Property Agreement System. On the base of concept analysis of matrimonial property agreement system, combined with China's current laws and the legislative purpose, from the identity relations, content of the agreement and the process to describe and analyze the character of the Marital Property System. Meanwhile, the relationship between the legislative value of the Marital Property Agreement System and civil law were analyzed. At last this paper described the development history of the Marital Property Agreement System in the past 80 years.The second part focused on analysis the Legislative Status of the Marital Property Agreement System in China and this part is the emphasis of the paper. After research and analyses on the types, elements, effectiveness, change, revocation and publicity of matrimonial property agreement system, and some problems were pointed out.The third part discussed the problems of Marital Property Agreement System in China. These mainly included, restrictions on the type of matrimonial property agreement system were various, regulations on the legality of its contents were lack, mandatory publicity in legislation were not proposed.The fourth Part was about the perfect of the marital property agreement system, and it was the emphasis of this paper. The significance and the values on consummating matrimonial property agreement system in China were proposed. Combined with practical examples, legislation was proposed.It was suggested that the general provisions of Marital Property Agreement System should be added, a fully system upon marital property agreement should be established, and also, the role of notary should be played in the Marital property agreement system.