Statutory Marital Property System Research

The modern society emphasizes independent personality,freedom,reflecting on the center of gravity of marriage law which transfers from paying attention to the adjusting of ethical relations order of tradition society to inclining to the property relationship of modern society.Legal husband and wife property system as an important property system in Chinese marriage law,develops an important function in the real life.The value orientation of marriage law includes respecting and maintaining husband and wife’s personal benefits,on the other hand it loads the home guarantee function to support the weaker’s rights.But no matter which guarantee function,all can not get away from the maintenance of property benefits,only supporting property benefits can provide material foundation for carrying out the value function of marriage law,so as to support family stability,then promise the harmonious development of society.This text starts with the foundation theory of legal husband and wife’s property system,with the history analysis of method carrying on an analysis to the history origin and development of legal husband and wife’s property system,and comparing different society development stage of the legal husband and wife’s property system,in order to discover various legal husband and wife’s property system. In addition taking the contents of the marriage law and the inside rules of the legal husband and wife’s property system as dimensions,which explains the meaning of studying the legal husband and wife’s property system.The part for research Chinese legal husband and wife’s property system provides great lawmaking background and theory foundation.The second part is a textual point which in foundation of husband and wife’s property system.The writer who with the type of the current marriage law method choice and legal husband and wife’s property system of contents for angle of view, carry on a research of the legal husband and wife’s property system with all-directions, in order to discover legislative defects and lay foundation for improve legal husband and wife system.For the type choice of legal husband and wife’s property system,we not only to see common characteristic which common property system has,but also to see special characteristic with our country state of the nation.For this problem,the writer adopt a history analysis method to see choice of benefits and emphasis of contents in different value orientation which marriage law adopted.Second,writer discover defects of current marriage law from the angle of macroscopic view.Next, writer with microcosmic angle,study the scope of common property and the right of legal husband and wife’s common property which wants to discover defects of Chinese rules,in order to draw lessons from the lawmaking example of advanced countries to put forward a legislative suggestion.To controversy of the legal husband and wife common property scope mainly concentration at boundary fuzzy district, because law didn’t definitely stipulate it, the writer put forward "join force" as a basic principle for classifying common property of husband and wife and personal property.Other property rights except for husband and wife common property rights are management right and punishment right.The writer put forward husband and wife property management style for classifying different situation, drawing lessons from a foreign advanced legislation example,in order to improve current marriage law. Moreover,according to the principle of "any right all may be misused ",the writer put forward the restriction to manage the power and punishment right to husband and wife’s property.The third part aims at the defects of marrige law,including not distinguishing the common property of husband and wife and personal property,the defects of the husband and wife’s property right,the rule of relief is not perfect,so putting forward to seting up rules for distinguishing common property and personal property.And the writer put forward to improving presumption regulation of common property,and put forward to improving management system of common property,including establish a common property management system of legal husband and wife.And the writer put forward to seting up daily household matters authority,improving relief of common property,including establish regime of unusual statutory matrimonal property,set up compensation system.