Deficiencies And Improvements Of Marital Property System In China

Marriage is the basis of the family, and everyone in the world has the close relationshipwith the marriage and family. A man and a woman become a couple through legal conditions,correspondingly, the rights and commitments naturally appear to each other and the maincontents included are personal and property relations. The marital property relation stands onthe key position amongst couple relations, because it not only guarantees the normalsubstance operation of family matters, but also directly contacts with the civil exchangesecurity relating to marital property.Marital property system, also called as connubial property system, is the legal systemdefining property relationship between spouses, and it is an important component in nationalmarriage law. In narrow terms, marital property system refers to the ownership of connubialproperty within the valid marriage period. From the broad sense, it includes the ownership,management, income, usage and transaction of connubial property before and after marriage,the discharging of connubial debts, expending of the family’s living costs, reckoning andpartition of connubial property when divorce happens, the outward property responsibility,and so on.After the establishment of new China, our legislative body has carried on three importantlegislations to the marriage law, which brings on the initial formation and gradualimprovement of the marital property legislation system in our country. But along with ourmarket economy developing unceasingly and thoroughly, some new issues and new problemsappear, and our present marital property system has obvious lag and insufficiency in adjustingthe connubial property in the actual situation, thus it is difficult to adapt the judicial practice.Therefore, this thesis combines with China’s situation, launches the basic theoretical analysison the marital property system, reconsiders and reappraises the current marital propertysystem, and proposes the reasonable suggestions and advices to improve the marital propertysystem based upon the various insufficiencies of present legislation system.