Study On Marital Property System Of China

The existing Judicial Interpretation of the Marriage Law (Ⅲ)enacts a large number of terms concerning marital property relations with respect for individual property. The provision on the ownership and division of joint property has caused heated discussion among social and academic members right after its official introduction. Legal experts, the media and general public all express their own views.Marital property system may be a drop in the bucket compared to the profound study of civil law but it has great practical value and theoretical significance. It is necessary to analyse it systematically and extensively.Marital property system is an irresistible trend of China's decades of marriage legislation. Issues related to it have been very hot after the amendment of marriage law in 2001. In the marriage law in 2001 and subsequent two judicial interpretations, great improvements were made for joint property system but regrets remained. The newly released judicial interpretation (Ⅲ) laid down more terms to perfect the system and to provide guidance to the division of joint property in practice.This thesis focuses on solving the practical problems following an overall analysis of marital property system. Through exploration of the origin of this system, this thesis also seeks references for its perfection.This thesis consists of introduction, body and conclusion. The body is composed of parts. Chapters are arranged in accordance to raising, analyzing and solving problems.Introduction tells about the background for selecting the topic, research contents and research paths. The first chapter straightens out the basic concepts and historical evolution of marital property system. During the long process of historical development, the core content of modern joint property system deposits, i.e. respective property system, shared property system and residual property system, which have become the three major types generally adopted by countries in the world. In different background of each country and based on their respective politics, economy, culture and national habits, different countries made their own legislation choice. And in this international context, the construction of China's marital property system is analyzed and briefly commented.The second chapter dwells on the core issue of marital property system, the definition of joint property, distinguishing personal property from joint property. This will not only help define the ownership of joint property and personal property, but also make the property relations between husband and wife as clear as possible, to maintain stable and harmonious married life. Of course, it also lays a good theoretical foundation for the division of joint property. In China, however, the defects in legislation still exist despite the attempts to perfect it through Marriage Law and the three judicial interpretations. The author puts forward suggestions for its perfection.The third chapter seeks an effective solution to frequent disputes over the division of marital property in judicial practice. It mainly analyses the basic principles and ways to divide the marital property and related terms. This chapter concentrates on the practical value of marital property system.