Study On Marital Property System In China

Property between husband and wife to produce an important legal system, themain adjustment property relations between husband and wife. Civil law andcommon-law system of property between husband and wife have different provisionsof law, and has been a fairly mature, and it is very useful to my legislative andreference. Provisions on marital property system in China in the People’s Republic ofChina Marriage Act (hereinafter referred to as the law on marriage), the legislativehistory in1950of the Marriage Act, the marriage act of1980and2001amendmentsto the Marriage Act, The interpretation of the Supreme People’s Court in2001on theapplication of the Marriage Law of the People’s Republic of China (a)(hereinafterreferred to as the "Marriage of judicial interpretation (a)"),2003, the SupremePeople’s Court on the application of the Marriage Law of the People’s Republic ofChina explanation (b)(hereinafter referred to as the "Marriage Law of judicialinterpretation (b)"), the interpretation of the2011Supreme People’s Court on theapplication of the Marriage Law of the People’s Republic of China (c)(hereinafterreferred to as the "Marriage Law of judicial interpretation (c)). With the continuousdevelopment of the socialist market economy, China’s marital property system,legislative system has been initially formed, the structure and content of maturing, butcan not avoid the negative impact of economic, political and cultural reform on thedevelopment of the matrimonial property system, making the "Marriage Law"showing the lag and lack of embarrassment in the process of adjusting the relationshipbetween marital property, the development of matrimonial property regimes also facethe predicament of Justice and legislative dispute. Current provisions on maritalproperty system exists in the General principles of civil law, also has no officialChinese civil code, therefore, marital property system problems are inevitable injudicial practice and legislation, the enactment of the civil code can become importantopportunities for the development of the marital property system, Only by fullyunderstanding the reality of domestic development and practical problems, and learn from the mature experience of the civil law and common law marital property systemin China in order to achieve rapid development, to ensure the equal status of husbandand wife in marriage, improve the couple a happy marriage index, to ensure socialharmony and stability, to maintain the transaction security. This article is divided intothree parts. The first part an overview of the basic theory of the matrimonial propertyregimes, mainly introduces the connotation of the matrimonial property regimes,types and functions. The second part of the current matrimonial property system ofthe main research2001, China’s newly revised Marriage Law and its judicialinterpretation of the progressive place and shortcomings, and analyzes the judicialpredicament caused by the current matrimonial property regimes. The third part in theprogress of the current analysis of the matrimonial property regimes, inadequate andlead to judicial predicament on the basis of the additional provisions of the GeneralProvisions sex, build a very marital property system, and improve the statutorymatrimonial property system and improve the agreed matrimonial property system offour described the matrimonial property system of legislation is perfect.