Research On Perfecting Legislation Of The Matrimonial Property System In China

The marriage law of our country, especially there are many disadvantages in themarital property system, and does not have a comprehensive legal system, can notfully reflect the characteristics of the present stage of our country. And some hot,difficult problems in the judicial practice, our country law less involved, even withoutthe relevant provisions. Therefore, according to the current legislation that, there isstill a necessity and feasibility study for the marital property system.Marital community property system must continue development as our countrylegal husband and wife property system, because it is the majority of the people inChina, the evolution direction of China’s marriage law legislation is since thefounding of the prc. In recent years, the marital property cases has been broad netizendebate. Although in2001, China has carried out a major revision of the marriage law,but there are still loopholes. Then the Supreme People’s court has introduced a threeon the application of "marriage law" judicial interpretation, especially the secondjudicial interpretations, most of the provisions are related to marital property system,promulgated2011"marriage law" judicial interpretation of three in the country hasattracted wide attention and heated discussion.This paper mainly focuses on the marital property system of our country in thestatutory matrimonial property system, personal property system and the existingachievements and shortcomings of the agreement property system research, specialcombination of social economic life complex and changeable situation and life ofhusband and wife, proposed in the improvement of marital community propertysystem, contractual property system and personal property system, and suggested thatthe foundation of establishing very legal property system, puts forward somesuggestions to perfect our marital property system legislation. Through the aboveresearch, to deepen the understanding of marital property system theory, in order to beable to in the social practice to provide relevant legislation plan for solving theproblems of marital property in real life.