On Marital Property System In China In The Ownership Of Personal Property Receipts

Along with the rapid development of socialist market economy, continuous improvement of living standards, property status of husband and wife was increasingly complex and diverse. The division of marital property in divorce became the most controversial problem. Though, the legal system of personal property was set up in the amended"Marriage Law"in 2001, the nature of the profits of personal property did not been defined, which, resulted in the confusion of judicial practice. The issue of the ownership of the profits of the personal property was analyzed in the theoretical and practical ways.This essay was divided into four chapters excluding the fore-word and the after-word.Chapter I: the general theories of matrimonial property regime. The definition, classification and content of matrimonial property regime were introduced in the Section I. The Chinese current matrimonial property regime was analyzed in the next.Chapter II: the theoretical research of the profits of personal property. The definition, scope and classification of the profits of personal property were analyzed at first. Next, the necessity of legislation on the issue of the ownership of the profits of personal property was talked about. In section III, different issues were introduced and commented. Then, my point of view was put forward in section IV.Chapter III: the practical research of the profits of personal property. The ownerships of several specific kinds of the profits were analyzed according to my point of view.Chapter IV: the solutions of the problem. Four measures were given out, which were the improvement of legislation, the unification of judicial practice, the notarization of Pre-marital property and the registration system of the Pre-marital property.