Research On Legislation Of Marital Property System In China

Both married men and women, and thus produce contains personal and property relations between the two aspects of the rights and obligations under the law, with the rapid development of economy, people’s living standards continue to improve, the marriage property presents the characteristics of species diversity and complication, husband and wife property relationship happen a lot of controversy and has attracted much attention. Marital property is an important legal system, citizens about marriage and family, about the stability and harmony of the whole society. Judiciary and the theory attaches great importance to research and perfect the system."Marriage law" the new department for solution, triggered the legislation on the marital property system of the construction of the wide attention and heated discussion. A surviving spouse, for example, with its personal property for the debts of the joint, or pay for the other party’s personal debt, or use common property liquidation of debt incurred by a party, the couple shall stipulate property right to claim compensation. But haven’t the right to claim compensation system is established in our country; Although the new marriage law acknowledge the effectiveness of the agreed property system in China, but how to operate the property prescribed and external effectiveness has not been established. In addition, the fact is separated in the judicial practice, the law about husband and wife during the separation property system still is not perfected, obvious legislation is lagging behind the need of judicial practice. Now each country makes rules for marital property system, has the property system and agreed property system respectively or both compromise characteristic, forms the basic follow the legal property system and agreed property system with the combination of rule. Theory of this article is to introduce the basis of analyzing the property system of husband and wife, on the basis of the evaluation on marital property system in our country legislation status quo, combined with foreign legislation, the lack of reflection in the existing marriage law legislation, considering the value orientation of the marriage property system, put forward the corresponding improvement Suggestions and ideas of the system. Therefore, this article in addition to the preface and the conclusion, is divided into four parts:The first part:the basic theory of marital property system. Marital property system, the author has introduced concept, characteristics, types, main content, on the basis of this expound the legislative value orientation and integration on the basic theory of marital property system and put forward their views.The second part:the legislative present situation and defects of marital property system in China. Combination of the legal property system and agreed property system is our country’s legislation. Overall,2001"marriage law" in terms of the overall structure and the specific content or from the practical perspective, has made great progress. But also should be aware of, this modification only limited to local, also a lot of institutional deficiencies and defects, which still needs to be further perfected.The third part:study abroad legislation of the marital property system. The author first introduced the mainland legal system country represented by France, Germany about legislation of marital property system, and then analyzes the represented by American and British legislative status quo of Anglo-American law system countries. Contrapose to and on the basis of comparing the legislation situation of marital property system, in order to come to build our marriage and family legislation system of revelation.The fourth part:the legislative Suggestions of perfecting our country’s marital property system. The author on the basis of the former three chapters, combined with China’s specific national conditions, from the legislation value, the overall structure and detailed rules for the regulation put forward some legislative Suggestions to perfect the property system of husband and wife.