On The Earnings In Marriage Which From The Property Possession Before Marriage

Along with the rapid development of social economy in our country, people’s living standard has been improved and the property in quantity and form of the residents are increasing, making Chinese couple property law system face unprecedented challenges. Challenge one, the quantity and the type of the benefits partly brought by the increase of personal property during the existence of marriage are augmenting, leading how to determine the ownership of these benefits to be a tough problem to be solved. Being viewed as the common property, one party’s personal property or being considered based on situations has been a hotspot and a difficulty for the academic field and judicial practice.With the fact that China is undergoing the transformation period of the economy and society, if the causes related to marriage and family fortune cannot be solved fairly and the disputes involved the property before marriage and the income after marriage fail to be judged properly, what this situation influence are not only the family harmony and stability, the society value system providing the right guideline, but also the development of society and economy. Considering the strong demand in practice, the "marriage law" enforced in our country at present and its relevant judicial interpretation have stipulated successively about the right of the fortune before marriage and the income after marriage on a base of establishing the common property system of fortune after marriage.However, a lot of controversies have been caused in practice because of the coneientioushess and the abstractness of the law. Different kinds of views are formed, disputing with each other,which give rise to the confusion of judicial practice and the uncertainty of the judgment. Aiming to provide advices and references for the further improvement of practical operation, this paper studies the ownership problem of the pre-marital property and the income after marriage from theory and practice.This paper can be divided into four parts except for the introduction and conclusion.The first part refers to the brief introduction about the pre-marital property and the income between husband and wife. The first section is about the pre-marital property and the marital property system in our country. The concept and types of the pre-marital property and the income after marriage have been analyzed in the second section. The third section is about the legislation abroad about the ownership of pre-marital property and the income after marriage. The second part has introduced the theoretical controversy of the ownership of pre-marital property and the income after marriage. The first quarter has stated different views about the ownership of pre-marital property and the income after marriage, including the opinion holding that the fortune is the common property, the opinion insisting that the fortune belongs to one party and the opinion sticking to the one; in the second section, all sorts of views have been evaluated,helping to expounding the viewpoint of this paper.The third part has stated the formulations and the comments about the ownership of pre-marital property and the income after marriage in our country.In the first section, our country’s relevant legislation has been introduced. And the second section has made some comments about our current regulations.The fourth part has mainly talked about the advices relating to how to perfect the system of the pre-marital property ownership and income after marriage. In the first section, perfect the regulation of system of the pre-marital property ownership and income after marriage; the second section discuss about the suggestions of the pre-marital property ownership and income after marriage.