The Study Of Marital Property System In China

Marital property systemis is based on the property and life relationship ,it related to the transaction with the third person's civil property,so it is an important part of the relationship between husband and wife ,matrimonial property system as an important system in the field of marriage,it is urgent to perfect.Paper evaluated and analysed the system of marital property , our marital property system is more in line with the realities of social development , agreement property is fully accounting the wishes of the parties to the marriage , but by historical standards , many other factors and legislative constraints , there are some defects in our marital property system, epitomized by the lack of systematic legislative system,and the lack of the legal property and agreement property .On the above analysis, it put forward a sound system of matrimonial property law thinking.Paper is based on new marriage requirement and the legal practice of the new situation, studying legal property system , agrement property system and personal property system in depth , in referring to foreign legislative experience and analysis of the marital property system defects, from the General to seting and regulating the property system , it constantly improve our marital property regime.In the introduction chapter , it discussed the background of our system , domestic and international research trends , the method of writing , this paper uses a general method of theory with practice,the use of the comparison, analysis and reasoning and striving to achieve a complete paper system , it efforted to meet requirements of structure.From the marital property system in the form,the legal property system is characterized by a strong operational, agreement property appears relatively late , but fully respect the wishes of the parties in the matrimonial property system, in the discussion of nature, through the analysis , we believe that marital property system have different properties in different historical periods, but it will eventually go completely private law . Secondly,the paper analyzed the existence of different periods in the history of matrimonial property system.on the basis,it analysied prevent amendment to marriage law,while analysis of the developed countries in the matrimonial property system of advanced legislative experience,including German Civil Code and French Civil Code in the matrimonial property system in the design of the system .