On The Contractual Marital Property System In China

The contractual property makes stipulations on the ownership, management, use, profit disposal and debt discharge of the pre-marital property and the property acquired during the existing marriage as well as the property settlement in the dissolution of marriage in the form of agreement by "spouses", excluding the application of the statutory marital property system.With the social and economic development and the change of people's ideas in China, it is not enough to rely on the legal property system to adjust the couple's property rights and obligations, and the contractual property has become increasingly important. With the continuous development of the society, the marital property relationship has been more diversified and complex. For the purpose of satisfying the need of the situation, better regulating the marital property relationship and lessening disputes thereover, the amendment to the Marriage Law provides for the statutory marital property and the contractual marital property system. The establishment of contractual marital property system is a great development of the legislation on the marriage in China. The contractual marital property system makes the coordination of the property by the couple more democratic, loose and free and conforms to the requirement that the market economy rules are the material contents in the marital and family relationship and the property relationship becomes increasingly complex. With the promulgation and implementation of the Interpretation of the Supreme People's Court of the Several Issues from the Application of Marriage Law of the People's Republic of China, the marital property system has received the national attention once again. Whether the legislation and application of the marital property system in China complies with the marital property concept of the most people is a legal issue worth studying.This paper is designed to discuss the partial essence and application of the marital property from the perspective of the contractual marital joint property system. This paper is composed of introduction, body and conclusion, among which the body is composed of the following four parts:The first part introduces the theoretical base of the contractual marital property system and makes detailed elaborations on the definition, characteristics and categories thereof.The second part analyzes the circumstances in which the contractual marital property in China is established or null and void and the effect of the stipulations on the marital property. The third part focuses on the marital division of the contractual marital property at present, probes into the judicial practice thereof and summarizes the judicial practice experience and modes worth reference.The fourth part analyzes the status quo of the contractual marital property system and the existing problems therein and proposes conceptions for the improvement of the procedural operations and operation procedures of the contractual marital property system in China.