On The Perfection Of Marital Property System In China

As a legal system for dealing with property relations of husband and wife, martial property system is the matreial guarantee of raising children, supporting the elderly and harmonizing the family, which is very important in maintaining the family harmony and social stability. Nowadays, along with the growth of individual wealth and awareness of property right, the scope involved in the martial property system is much broader, causing the increasing contradictions and benefit conflicts. The martial property system has been popularly studied as one academic subject to be father deepened and improved. Martial property relations are occurred on the basis of martial status. At the same time, they are the material foundation of martial function in family. Therefore, we cannot ignore the scientifictity and rationality in the structure of martial property system. With a strong feature of epoch and region, martial property system is affected by politics, economy and culture. So differences exist among martial property systems in different countries. In every country, martial property system set in the marriage laws is a unified form of community, joint, general and respective property. In China’s new Marriage Law, martial property system takes the form of joint, contractual and individual property system. China’s new Marriage Law is improved in the adding individual property system, perfecting the scope of martial community and individual property, discarding transition system which can not meet the needs of the times and lifting the position of contractual property system in the Marriage Law. Compared with the old Marriage Law, the new one has made a key step towards systematization of martial property system and protection of each legal benefit. In general, the new Marriage Law still has some problems that general regulation is lacked, system is not reasonable and some shortages exist in the legislation of individual property system. For example, there are scope conflicts between legal community and individual property, transformation compensation of intangible property has been not undefinedly stipulated, the appointed time of martial property has been not set, contractual property system is in short of variation and cancellation procedures and so on. So, China’s martial property system is still needed to be reasonably adjusted and improved. This article analyses the shortcomings in the present martial property system and propose some suggestion, such as adding general regulations, perfecting the legislation in the legal, contractual and individual property systems, to better protect legal benefits of both husbands and wives.