On The Perfection Of Legal Husband And Wife Property System In China

The statutory matrimonial property system as an important property system in Chinese marriage law,develops an important function in the real life.The matrimonial property is indispensable material basis and safeguard in marriage life,which contributes to wedlock of equality and harmony.Since the foundation of People’s Republic of China,marriage laws issued respectively in1950,1980,2001and three judicial interpretations made provision for statutory statutory matrimonial property system.The current marriage law made more specific provision for statutory matrimonial property than the previous ones.With the publication of the first,second,and third judicial interpretation of Marriage Law,the statutory matrimonial property system in China has been improved step by step.But it cannot be denied that with the advent of our market economy,there still exist many defects in the current system of matrimonial property, some of the content has hindered the development of society,for example,the current statutory matrimonial property system still has not integrity of the legal system,too abstract,lack of interoperability. So it need to further improve the matrimonial property system.This paper studies on statutory matrimonial property system. Firstly, it analyses the legislative history and main content of Chinese current statutory matrimonial property system. Secondly, it elaborates on some problems in juridical practice including the ascription of intellectual property rights, the matrimonial property while living apart,Postnuptial fruits of Premarital personal property and ascertainment right of mortgage house. Then it analyses the reasons which cause those problems and that consist of deficiency of legislative purpose and content Legal system structure.Finally, it presents some suggestions for improvement about above-mentioned problems. The author thinks that in order to promote stability of marriage we should take the principle of Equal rights and obligations for spouse and protecting the weak as legislative purpose and that we adopt the Presumption of Marital property except for legal individual property as community property, which should be the major premise of the content, and we should affirm completion of the creation time as the standard of the ascription of intellectual property rights. The author also suggests that we should affirm that Marital property acquired during Separation caused by incompatibility as individual property. Whether the spouse devote to each other is considered as the criteria of ascription of Postnuptial fruits of premarital property Premarital mortgage house can not be considered as individual property simply,but should be affirmed depending on different situations. And this paper makes clear those situations in which we should affirm Premarital mortgage house as communal estate.In the conclusion part,it is pointed out that for the statutory matrimonial property system,only by adhering to the situation of China,the basic characteristic of ethicality of marriage and family should be respected to guarantee the marriage and family in a better way as the community interest and to stabilize the harmonious development of marriage and family,which can strengthen the statutory matrimonial property system.