Marital Property Ownership Problem Research Of China

The marital relationship includes two parts which are property relationships andpersonal relationships. With the rapid development of the economy, the establishmentof marriage should be relied on material wealth. Therefore, the matrimonial propertyrelationship has widely attracted the attention of the society. At the same time, facingto the divorce, the ownership of matrimonial property also becomes one of the mostcontroversial issues. In addition, individuals’ cognition of property and allocationupdates quickly with the development of the society, which makes matrimonialproperty expanding from bank savings to commercial insurance, income frompersonal property and real estate etc.. In this circumstance, the dispute of matrimonialproperty ownership becomes tougher and more urgent to be settled. Therefore, theSupreme People’s Court set the explanation two and three of<Marriage Law of thePRC> in2004and2011to explained the ownership problem of these couple’sproperties. Although the clauses of the law become more and specific increasingly,there is still some parts need to be perfected.There are four parts of analysis in this paper. First, it takes the theoreticalsummarize of matrimonial property ownership, analyses the content, impact factor,basic principle and necessity of the matrimonial property ownership. Second, itcompares the relevant clauses of the marriage law between China and other countries.Third, it analyses the most controversial issue which is the ownership of matrimonialproperty. Fourth, it analyses the problems generated from the third part, at the basic oftheoretical analysis and in comparison with other different countries, makingrecommendations to Chinese marriage law in terms of the matrimonial propertyownership.