Inprovement Of The Study Of The Couple Agreed Upon Property Syster

2001 "Marriage" amendments were on the marital property agreement with a more specific agreement, both parties are able to couple the freedom of property between husband and wife agreed for the liberalization of the market economy and society where individuals played an important role. However, in practice ,due to a provision in this law is still very vague, such as Marital status of the property, the burden of proof and other systems. Thus the judge encounters all kinds of trouble in solving real problems. In this paper, starting from an instance, leading to the point of view, and analyzing the theory of the system. Finally, on our lack of provisions in this regard were analyzed, and presented a comprehensive proposal of the author's own about legislation, hoping to get a little bit realistic effect. In addition to the introduction, the paper is divided into four parts, a total of about 20,000 words.Introduction. This section focuses on the introduction of theoretical and practical value of the subject; and introduces the general situation of researches in the topic and the writing features.The first part is the case description. This section describes the origin of the case, details of the case, the party's claim and excuse, and the court hearing the case.The second part of is the main controversy and disagreement of the case. This section focuses on the facts of the case for the parties and the legal issues of controversy and disagreement reason, and thus leads to the specific issues discussed in this article.The third part is the scan and interpretation of marital property system. This section includes five aspects: First, the couple's marital property agreement system overview. This section introduces the concept of matrimonial property agreement and the related system constitutes, and about the nature of the system; Second, the significance of Marital property system. This section is mainly concerned that the system is now in the market economy and society in the practical significance, especially for husband and wife both parties the freedom to dispose of property embodied in the role; Third foreign Marital Property System of the enactment of legislation. This section describes an important role in the world of its national legislation in Germany, France, Britain, and the United States in the system's introduction. And carried out by introducing the relevant comparison; Fourth, this part focuses on China's current system of the relevant legal provisions and judicial interpretation. And adds the author's comments; Fifth, China's current system of Marital Property improvement. The first part of our marital property agreement in the lack of provisions, from the contents of Marital Property System is clearly defined, marital property agreement should have the substance of the elements are complete, the couple agreed to change the production conditions and revocation and procedures are sound, whether there is a system of notification in order to protect the legitimate interests of third persons. On these issues after I had some of their own legislative proposals.PartⅣ,the conclusion. This section is a summary of the full text, and also mentioned the marital property agreement on the future of social status.