Marital Property System Study

Marital Property System in the Department of the gender equality concept, designed to regulate the relationship between marital properties, a legal technology. The adjustment of property relations is a relationship based on marital status of property relations, that is, Marital Property System in both law and property law as the dual property. China's newly amended in 2001, "Marriage Law", compared to 1980, "Marriage" is really a lot of progress, but with the changing times in China today, political economy and culture of the gradual development. New "Marriage" on Marital Property System against the challenges in the judicial practice of gradually increased, the existing regulations can not fully meet these community people today demand marital property agreement. China's Law on Marital Property System in the academic research more and more attention on China's current system of legislation Marital Property defects and deficiencies have basically reached a consensus. Between different ethnic groups, with the future development of transport and information networks, links and contacts between the permeability, and promote the exchange of legal culture and legal system of each other successors, Countries around the world the author to Marital Property System Legislation explained, in our country, "Marriage" in the practical application problems, marital property agreement that the current system, there are still some shortcomings, pointing out that marital property agreement of the existing system still exist in some of the deficiencies, combined with China's "Marriage" in practical application problems, put forward the Perfection of Marital Property System in the idea of legislation. This paper is divided into five parts:The first part on the husband and wife agreed to build a sound system of the need for the property. This section from the concept of equality between the sexes, protection of marital property rights, the protection of vulnerable groups; compensate for my lack of legal property system, and highlights the characteristics of the era legislation, improve the existing legislation; and meet my family's property and the individual needs of the increasing complexity of the reality of this increasingly diverse 3 are described in detail Marital Property System in the importance of and practical needs. The second part summarizes the marital property regime theoretical basis. This section describes the Marital Property System in the concept, the nature, content and type. In general on the Marital Property System in the basic theory described.The third part describes the Marital Property System in cases of offshore legislation, as well as their assessment, used in this part of the research methodology of Comparative Law, through different countries and abroad among the Marital Property System in comparison with the assessment, thereby contributing to China's The Marital Property System in a more comprehensive study.The fourth part Marital Property System in China's legislation are introduced, and noted that the current legislation on the lack of Marital Property System: The main agreement which have not been clearly defined and effective system of property conditions; agreement does not specify the type and content property system; matrimonial property is not explicitly agreed upon changes and revocation procedures, the effectiveness of marital property agreement has not been established for external publicity procedures, the party in breach did not how to recover a system requirement. This section further analyzes the Marital Property System in China's deep-seated causes of inadequate legislation, Was mainly due to legislation guiding ideology, matrimonial property regime imperfect legislative system as well as legislative and technology has brought a variety of factors Marital Property System in the gaps, making my family very little application of the agreed property system.The fifth part for the fourth part of the existing system is Marital Property flaws, in the Marital Property System in the substance of the elements, form elements, content, and effect, effect of time, change and revocation of the procedures put forward legislation to further supplement and improve the advice.