Comment Legal Marital Property System In Our Country

Everyone in the family is the cell of society, harmonious and stable family is directlyrelated to the progress and development of society."Marriage law" legislation is directly relatedto the vital interests of each member of the family, and the statutory matrimonial property systemis "one of the most important legal system of marriage law", when the couple were not before orafter marriage relates to the property agreed, statutory matrimonial property system this ofcourse applicable "supplement marital property system" plays a very important role in. With thejudicial interpretation (three) have been introduced, the law of marital property system continuedto improve, but in the judicial practice, there are a lot of controversy. The dispute is mainly dueto the influence of our traditional "think that women are inferior to men" idea ingrained, in thefield of marriage and family are still largely gender inequality. And the selection of the legalproperty system as the research object as the breakthrough point analysis of social gender factorsin the law of marriage and family, can more effectively promote men and women in the field ofmarriage and family social equality based on gender perspective.Based on the statutory matrimonial property system as the research object, from a genderperspective, aims to discuss how to make more perfect, rational marital property system, cansatisfy the fairness, justice and the establishment of a harmonious society, in order to protect therights and interests of each member of the family of marriage. Pointed out the statutorymatrimonial property system because of the special attributes of its own as a necessity to studyChinese modern marriage law, a legal system is the most important and urgent. Then we proposea new perspective that the gender perspective and meaningful to study the statutory matrimonialproperty system. Points out that the legal marital property system legislation only stand in theangle of gender, in order to realize the equality of both husband and wife. Absence of statutorymatrimonial property system based on social gender perspective there are still a lot of legislation.Based on the analysis of the statutory matrimonial property system of our countrylegislation of developed countries, France, Switzerland, interpretation of advanced MeasuresLegislation Based on gender perspective, and on the basis of summing up the reference to china.In consideration of China’s specific national conditions and the social reality foundation, putforward legislative proposals to improve the legal marital property system in china.