The Legislative Principles Of The Matrimonial Property System Of China Matrimonial Property System Is Perfect

Matrimonial property regime defines the property relationship between the couple. It's the legal protection for family and society. As an important part of Family Law, matrimonial property regime has been stipulated in details in German, Switzerland and other countries. However, in China, the matrimonial property regime still has some defects. Although, the Matrimonial Law formulated in 2001 makes some advance in the matrimonial property regime than before, it also exist shortcomings and need to be perfected. Now, codification of Civil Law of China is placed on the agenda of legislation. As the important content of Civil Law, a perfect matrimonial property regime is the demand of Civil Law. Thus, in this paper, the author by comparative method of study makes research on legal principles of matrimonial property regime and analyses the defects of our matrimonial property regime, then, proposes the conceiving. This essay is about 35, 000 words long, Excluding the preface and conclusion, it consists of four parts.Part one: An Introduction to Matrimonial Property Regime and Modern Legal Principle of Matrimonial Property Regime. There are three questions in this part. First, the author introduces the conception and the classification of matrimonial property regime. Second, the author analyses the relationship between the legal principle of matrimonial property regime and the principle of Civil Law. the three period of the modern legal principle of matrimonial property regime is introduced. At last, the concrete modern legal principles of matrimonial property regime are discussed.Party two: The Defects and Perfects of Our Matrimonial Property Regime are Analysed. In Matrimonial Law promulgated in 2001, the matrimonial property regime is more detailed than before, reflecting the modern legal principle of matrimonial property regime. But, it still isn't perfect in the structure and the content.Part three: The Matrimonial Property Regime of our Country is Conceived. Aimed at the defects of our matrimonial property regime, the author proposes some conceiving. The content includes general rule,contractual property system and legal property system. The content of general rule mainly includes some regulation of legal principles. As for the contractual property system, the author offers four matrimonial property regimes and stipulates the contract of couple's property. As for the legal property system, the author stipulates the special legal property system and modifies the general legal property system.Part four: The Reasons of Conceiving Matrimonial Property Regime are Discussed. In this part, the author analyses the conceiving which is proposed in the part three. General rule is the base of legal understanding and interpretation. The stipulation of contractual property system is the need of married condition. The stipulation of special legal property system can solves some problems. It's the demand of people's idea , level of life, the essence of marry and legal inheritance that makes the married couple's common income system to be regard as general legal property system.