On Marital Property System In China

As is known to all, family is the cell of the whole society. And the legislation of marriage relate to the happiness and health of people, stability and development of society ,construction of the social morality and ethic .The Property System of Spouses(PSS)is one of the important legal provisions in the Law of Marriage of China. In the revised Law of Marriage passed on April 28, 2001, the PSS in effect has been reviewed and evaluated all over again and a regular system of the PSS formed to meet the need of adjusting spouses property relationship. It is of great importance to make a study of the PSS of our country since some problems still exist that must be resolved theoretically and practically. A theoretical and practical analysis of the PSS is made in this paper, which consists of five parts as follows:Part one and part two give some basic ideas about the PSS,history of the PSS and legislation of the PSS in other countries. In these parts, the PSS is classified on the different criteria. On the basis of the source, the PSS can be classified into the Legal PSS and the Contracted PSS; according to the content and features, into the Shared PSS, the Respective PSS, the Residual PSS, the Joint PSS and the Consolidated PSS. Besides, different legislations in different countries at different ages in the light of political, economical, cultural and national differences are stated.The legal provisions on the PSS are discussed the third part, in which some analysis and explanations are given to the stipulations in the New Law of Marriage. It is pointed out that the legal property system--the shared property system post marriage plays a leading role in the PSS and the limits of shared spouses property are defined. The paper also points out that clear stipulations are made to the contracted property system in the New Law of Marriage and makes an analysis about the conditions of limits, form, valid contracts, effect and the significance of the contract. The paper marks off individual properties of spouses, makes clear the category and limits of special property of spouses in a listing and summarizing way and hence affirms formally the position of special property of spouses. The part also makes a further discussion on the joint debts of spouses, the division of shared spouses property and other related problems, including the idea, limits, treatment of the joint debts of spouses and the principles and methods of division and their treatment, such as invisible property and the limited property right house of spouses.Part four and five is viewed from the practical angles. It comments to the advancement and legislation defects of the PSS and how to make it complete. In these parts, firstly, I refer the trend of completeness of the New Law of Marriage, clarity of the property's spectrum and rising legal status of the spouse's property, progress of the safety of the transaction and so on. At the same time, I also indicate that there are still some defects in the New Law of Marriage. Those only regulate the common PSS, in stead of special PSS in particular conditions. The management, use, benefits and liability of the spouse's property haven't ruled in the new marriage law. Furthermore, the ownership of intellectual property ,the goods for one's special use and the unfair medical fees given for one's body hurt, especially, whether the proper acquired during the separation of the spouse is constrained to the doctrine of the equality of rights and liabilities etc. At last, I give some legislated suggestions about foregoing questions.