The Marital Property Regime In China

Matrimonial property system is built on the basis of marital relationship, personal relationship attached to the special property of the system, and its marriage law occupies a very important position.In recent years, with the market economy matures, the ownership and distribution of marital property has become the conclusion to terminate the marriage had taken into account.Although China's Marriage Law, which had already been amended three times larger in 2001 and 2004 were issued a marriage to explain the second interpretation, and in 2010 published a draft interpretation of the three views and suggestions for the community, but the existing marriage law in matrimonial propertysystem still lacks maturity, including its structure, content, compared with the developed countries set up is not perfect, in practice there are in the application of difficulty.In this paper, the contents of the current classification of marital property system, analyzes its shortcomings, compared to other countries and regions of the matrimonial property system, combined with the latest draft of the Marriage Law of the interpretation of three to investigate further improve the system of marital property.First of all,In the first part lists to promote the development of marital property system change four main reasons.Secondly, according to the present marriage law of the People's Republic of China will be summarized current take marital property system is divided into legal property system and agreed the form of property system. Which legal property system and made by the husband and wife were property system and couples individual special property system formed. But agreed property system points joint property system, includes ordinary common property system and personal property system, and discusses the effectiveness of agreed property system.Thirdly, from the legislation structure, the legal property system, agreed three aspects of the system of property law in marital property regulation analysis may lack.Finally, in Taiwan and France, for example, the combination of two different marriage property system perfecting the model proposed marriage property system from three aspects of conception. One should establish a marriage property system, the basic principles should be followed;Secondly, to perfect legal marital property system must solve interests in intellectual property ownership, the establishment of special property system, define individual special property, expand the scope of legal property rights;Thirdly, perfect property system, agreed shall set up corresponding legal registration procedures, rules of belongings of husband and wife agreed on certain conditions can change and provisions for the couple's joint debt problem.