A Comparative Study Of The Three Places Marital Property Regime

Matrimonial property system, which is also named the marriage property system, is a legal system that governs the properties of a married couple. A complete matrimonial property system is the material guarantee of the normal functioning of a conjugal family, and the basis for solution to problems. As of2011July by the Supreme People’s Court issued" on the application of’marriage law of the people’s Republic’s interpretation of several issues (three)", which let us to the husband and wife property has some new thinking. Especially in China, marriage and love is always the most ancient and most beautiful, to the development of today’s society, marriage and family for the wealth of production and management also will produce tremendous influence. Marriage and family relations is not merely the relationships within the family, but involves many social relations, can be said that marriage family involved in a series of social relationship with our daily life, and due to the economy, culture, history, tradition and other factors, the mainland, Hong kong area, Taiwan area in the marriage law in the field of prescribed somewhat difference, matrimonial property system is one of the problems. This paper based on the three sides, namely the mainland, Hong kong area, Taiwan area of the marital property system as the research object, trying on three sides of the matrimonial property system of logic and content analysis, through a comparative study, analysis in three couples property system about the relation and the difference.In addition to the introduction and conclusions, the total is divided into three parts, the text of a total of about2.5million words.The first part is mainly on the basis of theories of marital property system. The main part of marital property system from the connotation, value and the origin of three aspects, introduced the concept of marital property system, characteristics, content and types of legislation, expounds the marital property system in the application of the principle of three sides, list of marital property system origin, through to these basic ideas comb, and analyzes the reasons for this difference. So that on marital property system of our country has roughly understanding.The second part is mainly the mainland and the Hong kong area, Taiwan area marital property system comparison. Highlights from the legislation status, legal property system, property system, and special property system three aspects carries on the comparison. The third part is mainly on the mainland of marital property system put forward their views and suggestions. It is mainly from the legislative structure, the legal property system, property system, special property system in four aspects to improve, but also proposed the establishment of the idea of property system, analysis of constructing such property system the necessity and the feasibility, as well as specific legislation plan.