On The Common Property System Of Couples In China

Marriage relations include personal relations and property relations. Theproperty relations are the important component of marriage relations. Jointproperty for husband and wife is always the chief property relation between thehusband and wife. It is very important to the marriage and family relationswhether the regulations on the joint property are scientific and reasonable.After the foundation of People’s Republic of China, two Marriage Lawswere enacted respectively in1950and1980. In2001, China revised the1980Marriage Law. The newly revised Marriage law regulates that the legal propertyfor husband and wife shall include joint property and personal property. After2001, according to the difficult and complex matters in application of law inpractice, the Supreme People’s Court issued Judicial Interpretation onMarriage Law I, Judicial Interpretation on Marriage Law II, JudicialInterpretation on Marriage Law III in succession. The Judicial Interpretationon Marriage Law III enacted on August13,2011has attracted extensiveattention and debates of society. Especially the new regulations of the JudicialInterpretation on the distribution of joint property for husband and wife,touched the sensitive nerve of the public, but also induced great disputes in thecircle of scholar.This article, taking the implementation of Judicial Interpretation onMarriage Law III as the background, makes a research and analysis on thehistory and current regulations on joint property for husband and wife,jurisdiction of the joint property in theory and practice. This article took anemphasis on discussing some controversial articles, e.g. the affirmation of rightsof real estate in the case that the parents invest money to purchase real estate fortheir child after their child get married, or one party paid the down payment ofthe real estate of the couple before the marriage. Finally, the author initiates herown opinions on the relevant issues on the joint property of the husband andwife, as well as provides some suggestions on improving the joint propertysystem in legislation and legal practice. There are four chapters in this Article:Chapter I, the author comprehensively explains the history of China’s jointproperty system of the husband and wife, current regulations on the jointproperty of the husband and wife in Marriage Law, Civil Law and PropertyRights Law, as well as analyzes the interactive relations of the regulations inabove mentioned laws.Chapter II is the theoretical discussion on Judicial Interpretation onMarriage Law III. It studies the background, significance and main content ofJudicial Interpretation on Marriage Law III. It discussed the advantages anddisadvantages of the regulations on joint property of the husband and wife inthe Judicial Interpretation on Marriage Law III, especially of the Article7andArticle10on the affirmation of rights of real estate.Chapter III is the practical analysis on the Judicial Interpretation onMarriage Law III. Based on a real case of divorce which is happened after theimplementation of Judicial Interpretation on Marriage Law III, the authordiscusses the characteristics and causes of divorce, as well as the application ofArticle7and Article10of Judicial Interpretation on Marriage Law III.Chapter IV is the conclusion and advises. The author makes a summary onthe analysis and discussion in theory and judicial practice and initiated severalpersonal views. She also gives suggestions on improving the regulations of jointproperty of the husband and wife and other relevant issues of JudicialInterpretation on Marriage Law III.Through the analysis and comments of the above four Chapters, thisArticle makes an analysis on the negative or critic opinions against the JudicialInterpretation on Marriage Law III, answers some social doubts from the viewthat the courts shall follow the referee rules, as well as discusses the logic andappropriate issues of Judicial Interpretation on Marriage Law III in theory.