On The Ownership Of The Benefit After Marriage For The Couples’Personal Property

After the founding of new China, the marriage law has been modified. Provisions on marital property system have been going through a process of continuous development and improvement.But due to the delay of the legislation itself and new problems in practice and the emergence of new situations, they make certain provisions of legislation cannot meet the need for a real trial. Particularly as regards one of the spouses income attribution of personal property after marriage, marriage law does not expressly defined and judicial interpretation isn’t clear, it needs to a more systematic and comprehensive research. In the context, this paper attempts to combine China’s current legislation with judicial practice, starting from the ownership of the benefit after marriage, in order to provide a referential suggestion to improve the system of property benefit.This article can be divided into three parts:Part Ⅰ:the general benefit theories on the couples’ personal property after marriage. Mainly introduce the identification and the relationship of personal property and common property, the concept and scope of benefits, in order to identify which property belongs to personal or which benefit belongs to personal property after marriage. At the same time, introduce the system of other countries regarding the personal property benefit, as a theoretical foundation for the following.Part Ⅱ:the issue and legislation status about the benefit of personal property. Firstly, different issues are introduced and commented; secondly, from our legislative status, analyze the absence of marriage law, the limitation of judicial interpretation and the confliction with property law.Part Ⅲ:the proposal of perfecting the benefit system of personal property after marriage. On the basis of identifying and analyzing the issues, the proposal is put forward. After considering the factors, I bring the rules for the ownership and the specific application for different types of benefit, try to solve this problem in practice. Also, I give out two measures, which are the establishment of the registration of matrimonial property system and the improvement of the agreement of matrimonial property system, in order to create a completely personal property benefit system.