Research On Chinese Statutory Marital Property System

Matrimonial regime is the legal system regulating the ownership, profit and disposition o f the properties, before and after the marriage, of the conjugal spouse, the separation and liqui dation of the properties after the termination of the marriage, and the establishment, modificat ion and abolishment of the matrimonial regime. The matrimonial regime adopted by a state as its legal matrimonial regime reflects the value orientation of the legislation of that state. Now adays, the legal matrimonial regime of our country is common property regime, which is at th e duration of the marriage, the properties of the conjugal spouse, or of each of them, except ot herwise legislated by the law or agreed by the relevant parties, common owned by both of the conjugal spouse, and each one of the spouse has equal right to occupy, use, obtain profit from and dispose the properties. The legal matrimonial regime of our countries takes the equality of the rights and obligations to the marital properties, the protection of the weak party, the prote ction of the legitimate property rights and the protection of the rights of the third party into co nsideration. According to the development of the economics of our society, there is certain lag between the reality and content of the matrimonial regime of our country, as a result, with co mbination of the reality of our country, through analysis the defects in the legislation of the m atrimonial regime, the author suggests the further improvement of it.