| Legal relationship of right and duty between spouses, mainly includes personal relationship and property relationship, emerges when a man and a woman enter into marriage. Property relationship derives from personal relationship in the sense that personal relationship origins from spouse status of marriage. Even so property relationship is a vital part of spouse relationship. In modern society that status relationship has been ebbing away while property relationship is much strengthened modern marriage and family law is shifting, if not has shifted, from relative-status-oriented to a relative-property-oriented law in its legislation. By research on different legislation systems of spouse property relationship in different jurisdiction areas, this essay try to give a minute review on this topics and comment on PRC with some advices. The whole essay includes four parts:The first part is "Summarization on marital property system", which introduces the concept, legislation significance, content and types of this system. As a legal system regulating property relationship between spouses the marital property system is the legal system which regulates the allotting, managing, profiting, using of property obtained before and after marriage, external property duty and division and liquidation of property at the end of marriage. Marital property system is material guarantee of a family and an important symbol of equal status of spouses. Because it can condition the safety of civil deal related with spouse property it is also an important part of RELATIVE ARTICLE OF CIVIL CODE. Marital property system can be divided into two types, i. e. legal marital property system, which can be divided into usual one and unusual one, and promissory marital property system, which can also be divided into open one and closed one. The content of marital property system also includes the regulations of spouse property rights, the allotting of family life expenditure, external property duty and division and liquidation of property at the end of marriage, etc. Marital property system, as the reflection of certain society economic condition, social system and woman status in marital property system, is influenced by many factors such as legislation tradition, customs and usages, culture etc. The main types of maritalproperty system in most countries are property absorption system, trousseaux system, general property system, community property system, separate property system and mutual property system, etc, among which some have faded away with the society evolution while some are still adopted by modern countries. Most countries nowadays adopt the mutual property system or separate property system as the marital property system.The second part is "Compare of marital property system in different jurisdiction areas", which introduces the legislation evolution and nowadays regulations of marital property system of France, Germany, UK, USA, Switzerland, Italy, Japan and Taiwan area. After thorough research we can conclude there are similarities and differences in these marital property systems. Most of marital property systems in the world are mixture of legal property system and promissory property system. For the legal property system in some countries of civil law system, such as France, Italy, the community property system is usual property system while some countries is compromise of separate property system and community property system, such as German, Switzerland and Taiwan. Other countries, such as Japan, take separate property system as usual legal property system. And most of the above countries and areas establish unusual legal property system as the remedy of usual legal property system. In common law system countries marital property system is made up of case law and written law. There's no uniform law on marital property system in UK but in many law documents separate property system with some characters of common property system is the legal marital property system; in USA there're 9 states take community property system as legal marital property system while other states take separate property system as legal marital property system with the way of fair division of spouse property. Most civil law system countries adopt the close promissory property system but Japan is an exception while most common law system countries adopt the open promissory property system which includes the freedom of contract.The third part is "The historical development and the current regulation of China's marital property system". In ancient China, the perfect marriage pattern is the doctrine of integrated conjugal personality and the property absorption system. There was no integrate marital property system and the rules about spouse property relationships exited in statutes and rulings of past dynasties. The Draft of Qing Dynasty Civil Law first regulated the relationship of spouseproperty. The draft of civil law in 1915 prescribed the marital property system in more detail. During new democracy revolution, the revolution regime under the leadership of the Communist Party of China also stipulated the spouse property system. The outline of the constitution of the People's Republic of China stipulated the equal right of spouse property veritably. From New China until now, there have been three times legislations about spouse property, including Marriage law in 1950, Marriage Law in 1980 and the revised marriage law in 2001. The marital property system in China is improving step by step. The article 17 to 19 of current Marriage Law and two judicial explanations of the supreme court constitute the spouse property Marriage Law in 1980 and the revised marriage law in 2001. The marital property system in China is improving step by step. The article 17 to 19 of current Marriage Law and two judicial explanations of the supreme court constitute the marital property system in China. The marital property system of China stipulates legal marital property system and promissory marital property system and the latter is preferential. The legal spouse property is the community ownership of postnuptial incomes. The joint possession of spouse, individual exclusive possession, the right of eposition of joint possession and etc. are stipulated in responding statutes.The forth part is "Consideration of consummating China's marital property system". This part evaluates the value, types of legislation and contents of marital property system of China's current Marriage law and table a proposal focused on the shortcomings. On the aspect of value choice, China's marital property system should combine the principle of equality between man and woman with the modernization of marriage and family concepts, keep the equilibrium of individual interest and social interest, and protect the safety of business. On the aspect of types choice, China's marital property system should make sure holding on the community ownership of postnuptial incomes as legal property system. It accords with the purpose of marriage and the practical situation of China as well as the current of legislation in the world. The current marital property system exits many shortcomings, such as the unreasonable structure, deficiency in the legislation technique and content. The author suggests that the structure of marital property system should be rebuilt. It is necessary to stipulate the ununsal lagal marital property system.Under legal property system, the regulation about spouse joint possession and individual possession should adjust, the rightsabout joint possession should be improved. In addition, it is very important to make clear who should take charge of debts and costs of living. Under promissory property system, the condition, efficacy, process of public notice and the spouse's rights and obligations in different kinds of property systems should be regulated in detail. The deposition of joint possession when the marriage comes to an end should be regulated in the marital property system. |
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