The Theory Of Marital Property System In Our Country And Perfect The Legislative Change

Since1950, China promulgated and implemented the first marriage law, the law hasbeen revised three times associated with three judicial explanations for the fastdevelopment of society and economy. Indeed, after a half century’s practice andimprovement, the laws on matrimonial property in the current version of the marriagelaw turn more standard and comprehensive. While the diversity of economic relationsand diversification of assets with the development of society urgently requires the codesinvolving matrimonial property in marriage law to keep in pace with time, the law stillemphasizes more on principle side, which weakens its applicability in practice. In viewof that, this thesis researches on the direction to improve the current law on matrimonialproperty through longitudinal analysis based on time on the historical legislations andcomparative research based on space on marriage law involving matrimonial propertybetween China mainland and some other regions.The body of this paper is divided into five chapters as follows:chapter Ⅰ, give an overview of the matrimonial property rights including the concept,content and characteristics.Chapter Ⅱ, elaborate all the historical marriage law concerning matrimonialproperty right, and analyze the background of the change of the legislations.Chapter Ⅲ, summarize and analyze the shortages of the legislation on matrimonialproperty rights in China.Chapter Ⅳ, give an overview of the relevant laws of other regions in order toprovide a reference for improving our laws.Chapter Ⅵ, recommendations on the improvement of the marital property rights inChina.