Make Research On Matrimonial Property Regime Of The Judicial Interpretation(c) On Marriage Law

The marital relation is the most common social relation that touches everyone. Court in China handles the case which is involved in marriage and family disputes rise year over year with the development of the society.According to the data provided by the supreme people’s court，1,286,437cases of first instance related marriage and family disputes were accepted by courts throughout the country in2008while1,341,029cases in2009and1,374,136cases in2010,and the number was on rise year by year. Rapid changes of the social relations and new view of family idea made more urgent to issue a new judicial interpretation to dictate present marriage relationships. Thus, the Judicial interpretation(c) on Marriage Law was passed by the Supreme People’s court on July4,2011and was carried out on August13,2011.Significant changes on some issues have taken place in Judicial interpretation(c) on Marriage Law compared with the previous two such as extend the scope of private property, clarify the proprietorship of the house which is paid by parents, prescribes the effect of either husband or wife to sell the house of co‐ownership without the approval of the other, allow to divide the joint property within marriage for the first time, etc.The appearance of this Judicial interpretation (c) has been causing a widespread discussion in the whole country. Some people worried the new Judicial interpretation discriminates against vulnerable groups such as women in family, and queried its object of protection, property or marriage? They considered the new Judicial interpretation exists the problem of the humanistic concern imperfection. We think most new rules in the Judicial interpretation (c) on Marriage Law are meet the needs of social development. Meanwhile, we should treat it dialectically, that is to say, we should also find ways to develop it such as issues on property relations between husbands and wives.We hope that the thesis is a beginning and more and more researchers give attention to issues on property relations between husbands and wives, and we also hope it could be helpful to perfect the marriage law and the conjugal property system.