Statutory Matrimonial Property System In China To Study

Statutory regime as to marital property is not only an essential component of matrimonial property regime, but also a necessary content of marriage law. There are two parts included in current national statutory regime as to marital property, community property regime and peculiar property regime. And the type adopted by community property regime is married couples'community of property regime. This article separately gives an exposition of community property regime and peculiar property of husband and wife. Meanwhile, combining the legislation and case law of foreign statutory regime as to marital property, it also provides an analysis of both the content and the specific provision of China's current community and peculiar property regime. Furthermore, based on the following of law of development and China's basic conditions, this article provides a specific tentative plan for improving national statutory regime as to marital property.There are two major parts:The first part focuses on community property regime. First of all, it is not only the concept and type of community property regime but the content that is made clear. Secondly, it gives a discussion both on the scope and acquisition time of community property, and on the couple's right and exercise of the community property. Moreover, the issues on household matters authority between couples and couple's right on community property are put forward. Finally, another issue is raised about the defect of married couple's community of property regime in handling the real life. And it also gives a proposal on the improvement of married couple's community of property regime.The second part focuses on peculiar property of husband and wife. Firstly, the concept and scope of peculiar property are introduced combined with a general analysis of China's current peculiar property of husband and wife. Secondly, the issue is outlined on couple's personal peculiar right to dispose of property. Besides, it is pointed out how necessary the couple's relationship on legal restriction of peculiar right to dispose of property is, based on western case law as a resource of reference. Finally, it concentrates on resolving some problems of peculiar property regime and several objections on property ownership. In addition, an assumption on how to solving those problems, is provided based on analyzing and proving them.