On The Matrimonial Property System Of China

In the adjustment of inner property dispute between the couples and external property dispute out of marriage and family life, marital property system which plays an important role is to realize the basic function of marital property to maintain family life that is a powerful security of marriage and to maintain the social security of transactions that is indispensable in asset system. Because marital property relationship have both the attributes of personal relationship and property relations, which is the object of the marriage property system, the marriage property system has its own special kind of legislative concept and occupies an important position in the marriage and family law.For a long time, social development and people’s ideas change has certain extent influence on the couple holding complex marital property disputes.Marital property regime need a certain degree of adaptation which is the important basis of people handling all types of marital property disputes and rationalize the relationship of marital property.But In our legislation, marital property regime can not adapt the marital property relations that have taken place in the social reality of the tremendous changes,but also meet the legitimate aspirations of the general public in accordance with the law, even more detrimental to the overall situation of building a socialist country under the rule of law. Our marital property regime requires he urgent need to improve.Meanwhile the world universal attention to the improvement of the marital property regime, China is no exception! This paper starts from the basic theory of marital property system, including the meaning, classification, legislative purpose and significance of husband and wife property system, and then marital property system itself in China and its own, and our matrimonial property regimes the inadequacies that exist on this basis improve the humble opinion of the marital property regime in China’s legislation, and hope of contributing a little to improve the marital property regime.In this paper, the structure is divided into four parts:Part I:the basic theory of the matrimonial property regimes.This section points out the meaning and academic divide according to different standards of all kinds of matrimonial property system,review the internal logic of the various types of classification when studying the classification of the marital property regime,clear four basic idea when improve matrimonial property regimes that must be followed, and then put forward the social significance and personal meaning that matrimonial property regimes has. This part is the theoretical basis of this paper.Part II:China’s marital property system.Part of this is to analyze the current situation of the marital property regime in China, including not only its status quo, the development process with historical research methods, and the evolution of legislation on matrimonial property regimes, but also including the evolution of judicial interpretation of the matrimonial property system.In this part, this paper focuses on analysis on China’s current marital property system.Part III:Discussion on the marital property system in China.The discussion of the social life of marital property disputes empirical analysis iscarried out in practice method. Basing on this discussion, the legislation of marital property system deficiencies were summarized, which are prepared the way for proposing improvement views of marital property regime.PartⅣ:a sound system of matrimonial property legislation. This part put forward some improve opinions of legislation of marital property system according to the deficiencies pointed out in the former part. Such are the value of this paper.