Study Very Marital Property System In China

Abnormal couples property system refers to the marital duration, the specificreasons, leading usually husband and wife property system is conducive to the protectionof marriage parties or the interests of third parties, in accordance with one or third peopleapply for the court in accordance with laws and regulations, declare change ofmatrimonial property system for the property system of husband and wife propertysystem.2001Marriage Law and Law (one),(two) only provides usually marital propertysystem. While the common sense of the marital property system only considers therelationship between husband and wife under conditions of normal form, while ignoringthe relationship between husband and wife very situation, for example one missing,husband-wife relationship deteriorates appear separated, party intentionally conceals thejoint property of husband and wife or malicious damage to dispose of the joint propertyof husband and wife, etc.. Therefore, in general the marital property system, theaggrieved party to terminate the infringement and safeguard their legitimate rights andinterests, can choose only one way that is "divorce". For the better regulation of themarital property system, safeguard the legitimate rights and interests of the weak party incouples, in order to avoid the marriage as the cost to maintain the interests of one party,the legislation necessary to join very conjugal property system requirements."Interpretation of marriage law (three)" the fourth regulation:" during the existence ofmarriage, one request for the division of common property, the people’s court shall notsupport, but has the following major reasons and does not damage the interests of theoblige:(one) a hidden, transfer, sale, disfiguring, squandered the joint property ofhusband and wife or forge common debts and other serious damage to the couples jointproperty interest behavior;(two) one party has a statutory obligation of supportingpeople suffering from major diseases needs to be healed, the other party agrees to paymedical expenses. This can be seen as China’s legislation on marital property system’sinitial recognition is. But China’s abnormal couples property system still has manydeficiencies, the need to further improve the. In this paper, the last part of the article, toimprove China’s abnormal couples property system to put forward own proposal andconception. The article is divided into the following sections:Introduction: use case to ask the question, pointed out that the marriage law usuallymarital property system is insufficient, need I establishment of abnormal couplesproperty system to solve some special situation between husband and wife propertyrelationship. The first part: abnormal couple’s property system overview. The main discussion isthe marital property system definition, characteristics, properties and conditions. Notethat very conjugal property system is a couple of the parties in the weaker side and thecouple outside the protection of third party interests; it is the public power to privatepower of an interventional; adjust the special case when the marital property system;from the legal view of the result, become community property system for propertysystem. The very nature of the marital property system should be characterized as reliefspouse property rights relief system. Arising from abnormal couple’s property systemconditions can analyze from social conditions, from the ideological and institutionalconditions.This second part: China Construction of abnormal couple’s property system thenecessity and feasibility study. First, analysis of China’s abnormal couples propertysystem of later development of reason; secondly, on China’s construction and theconsummation of abnormal couples property system necessity is analyzed; once again,inspected our country present social economic condition, to prove that China has to buildand improve the abnormal couples property system condition.The third part: the introduction and analysis of China’s marital property systemlegislation, and the" marriage law"(three) fourth in China the preliminary establishmentof abnormal couples property system were analyzed, evaluated its advantages anddisadvantages.The fourth part: to perfect our countries abnormal couples property systemrecommendations. First of all, the abnormal couple’s property system legislation positionis suggested to be the arrangement in the marital property system in the generalprovisions. Secondly, there should be very on marital property system, procedure ofapplication, the applicant and the very conjugal property system off are discussed, forconsummates our country very marital property system put forward clear thinkingThe fifth part, the introduction is presented in the case, using the fourth part of theimprovement of abnormal couple’s property system thinking, analysis and solving,further show that in China’s construction and perfection of abnormal couple’s propertysystem feasibility.