Research On Legal Issues Of The Special Matrimonial Property System

Special matrimonial property system is a complement of the current system of property ownership between spouses in China which generally provides that the marital property can be separated by the court according to the provisions of the law or in accordance with the husband’s or wife’s applications to the court for the division of marital property but without the ending of their marriage when there happens to be some particular juristic reasons during their marriage. However, in China’s present Marriage Law, the couple’s property system is a legislative design based on the relationship between the husband and wife only under the normal state but to some extent ignoring the abnormal state of reality in the marital relationship. And the recently published document that Interpretation (III) of the Supreme People’s Court of Several Issues on the Application of the Marriage Law of the People’s Republic of China capacitates the couples the right to divide their community property during their marital relationship, which marks a great breakthrough in our legislation that promotes the construction of special matrimonial property system. As the current division of community property system between spouses in marriage ignores the abnormal state of couples’property, sometimes it cannot effectively solve the disputes over marital property in practice. Therefore, it is necessary to establish the Special matrimonial property system to cover the inadequate existing of marital property system.This paper mainly discusses and analyzes the issues of establishing the special matrimonial property system in China from the macroscopic and microscopic perspectives. The methods of functional comparison, typological discussion, case study and normative analysis are respectively used. The major four components of this paper go as follows:Part one introduces the basic theory of the special matrimonial property system. In this part, the general application fields of the abnormal couple’s property system, the concept of the system and the differences from the current marital property system will be illustrated. At the same time, the legislation and practical exploration as well as value research on the establishment of the special matrimonial property system will be demonstrated.Part two particularly concentrates on the ways of how to make the special matrimonial property system be part of the Marriage Law in China. And the following three aspects as legislative model, legislative object and legislative principle will be discussed to enroll the special matrimonial property system into the Marriage Law with the purpose to ensure the unity of Chinese legal system.Part three focuses on the main content of the special matrimonial property system. By comparing with the foreign countries on starting mode, claimants, applicable reasons, applicable potency and termination of the special matrimonial property system, this part observes the relevant content of Chinese special matrimonial property system.Part four highlights the formulation of coordinated systems. In order to make the special matrimonial property system more operational and practical, the author suggests the system of individual bankruptcy, system of marital property publication and the mandatory common system on couples should be added into Chinese current laws.The innovations of this paper include the following parts:Firstly, the applicable reasons of the special matrimonial property system are classified into three categories by using the typological analysis so that people can get a clear and good understanding of them; Secondly, with the functional comparison, the paper analyzes the similarities and differences of foreign countries’ relevant legal systems in order to find a more suitable one for China; Thirdly, the suggestion of formulating a series of coordinated systems is helpful to ensure the operability of the special matrimonial property system in practice.