Improve The Legislative Concept Of The Matrimonial Property System In China

Matrimonial property regime defines the property relationship between the couple. It's the legal protection for family and society and always regarded as an important part of family law in many countries . During the matrimonial law was being formulated , although many questions were discussed extensively ,these discussion only came down to some exterior things or dept in ascription for some property. 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 perfect legislative conceptionPart one : An Introduction to Matrimonial Property Regime .First , the author introduces the conception and the classification of Matrimonial property regime , and analyses the meaning of legislation what lies in the difference between the property relationship in the couple and the common property relationship, farther points out that matrimonial property regime has the function to ensure the aim of marriage. Second, the author reviews the development process of matrimonial property regime and explores that economic base and super construction influence matrimonial property regime in this process.Part two : The Defects and Perfects of matrimonial property regime. The author analyses the regulation in matrimonial law promulgated in 2001, then points out there are many defects involved configuration , contractual property system ,legal property system and external liability etc. In configuration, there have no special property system and principle regulation. In legal property system, we can't judge who have the possession of expectant interest in noegenetion according to active regulation. In contractual property system, there have three defects, the first is ambiguity about when the couple can make a contract, the second defect is half-baked qualification, the third defect is there have no affirming procession. In external liability ,there have two defects. One is unfit in configuration. Another is that the regulation hasn't distinguish common liability from indivial liability.Part three: This part is the most important in this article. The Matrimonial Property Regime of our country is conceived. On the base of theory above-mentioned the author proposes a new legislative conception . First the author proposes the article stick to some principles. Second, the author analyses the configuration of matrimonialproperty regime. The general property system and special property system form this configuration. In general property system, there have four matrimonial property regimes, including contractual property system , legal property system , individual peculiar property system and common peculiar property system. In special property system, there offer some situation when the couple or their creditor can petition the court allow the couple to apply respective property system. Finally, the author analyses the reasons for this configuration.