Discussion On Marital Property System In China

This essay focuseds on the agreement system of marital property, which is now one of the hottest topics among the current marrige relations in China. It starts from the legislative level and judicial practice, reviews the revolution of the system in the history, then reveals its importance of existance at present. To make the system fully use, the author tries to find out an effective solution which fits real conditions and is easy to be uesed as well by comparing the recent fact of the system using in China with some better experience abroad.The article begins with the latest situation of the system, analyses the basic meaning and necessary elements of it gradually, defines the principle of free decisions between husbands and wives. Through the study of current practice of legislation and judiciary, the essay not only confirms its positive influence on the respect of human rights but comlies better with the complex situations of family property. While it also notices the imperfect and sluggish shortage of the system especially the facts like sudden idea changing of family, weaker marrige relationship, the improvement of self cognition and the growing consciousness of self human rights. So it is difficult for the current system of marital property to satisfy the developing need of judical practice.According to the kinds of shortages of the system, the article contrasts it with some forerign experience, by learning from several advanced countries like the U.S., the U.K. and France. Then borrows some useful and efficient ways which conform to Chinese conditions in order to perfect the current one.The article also gives some suggestions on how to perfect the system on the basis of studying the current situations and the characteristics of the agreement system of marital property. They are the folloing ones.Rebuild the framework of this system, surely define the principles, to change the undefined legal status and the mess of relative legal provisions, give them exact legal status.Allow litigants to make deals on marital property in different ways, set up open rules of arrangement. Make it more scientific and humanistic. Meanwhile, because of the weak external validity of the agreement marital property, improve it to protect the legal righs of litigants, respect and secure the rights of the third party as well.