Research On Judicial Interpretation Of The Chinese Marriage Law Of Marital Property System

Marital property system is a kind of legal system to adjust to the marital property relationship, which has the characteristics of Status Law and the characteristics of Property Law. There are some factors which have impact on marital property system’s formation and development, such as one country’s political, economic, cultural, moral, custom. From the trend of world legislation, in the content, marital property system tends to the combination of respective property system and common property system; in the form, marital property system tends to coexistence of legal property system and agreed property system.Marital property system has the attention of the countries all over the world. The reason is that marital property system is related to the family’s normal operation and basic function, but also to the social stability and development. Because of this, the author selects marital property system as the research object. And because the judicial interpretation plays an important role in legislation and judicial practice, so the author chooses it as perspective. In this article, the main ways of research are case analysis, historical analysis, comparative analysis, and causal analysis, to analyze the problem of judicial interpretation and put forward the constructive legal countermeasures.The article has five parts, with about sixteen thousand words.In the first part, the author introduces the case of a divorce about Mrs. Wang suing Mr. Zhang and the case of Yuan Xiu hu suing Ma De rong and Yuan Bing, and thinks about the situation of the judicial interpretation of Chinese marriage law of marital property system.In the second part, based on introduction to the content of the judicial interpretation and combined with cases, the author finds some limitations in judicial interpretation, for example,the conflict between judicial interpretations, the conflict between judicial interpretation and the tradition of Chinese family property system, and the legislative tendency of the judicial interpretation.In the third part, the author thinks the judicial interpretation has some limitations. Firstly, the formulation process of judicial interpretation lacks of a guiding principle of marital property system. Secondly, the judicial interpretation neglects the value of the traditional Chinese family property system. Thirdly, the judicial interpretation lacks of legislation based on the Chinese marriage law of marital property system.In the fourth part, the author puts forward some specific suggestions of the judicial interpretation of Chinese marriage law of marital property system. First of all, the judicial interpretation must establish the guiding principle of marital property system. Then, the judicial interpretation should pay attention to the value of the traditional Chinese family property system. Finally, legislators can perfect the Chinese marriage law of marital property system.At last, the author summaries the text, and stresses the importance of the marital property system, makes recommendations which can promote the marital property system in legislation and judicial practice.