The Practice Problems Of Statutory Matrimonial Property System In China

The family, the basic unit of the society, carries many social responsibilities. Allindividuals in the world are closely associated with marriage and family.Therefore,matrimonial legislation involves all families and is closely related to the benefits of allcitizens. The matrimonial property system, which defines the property relationship betweenhusband and wife, is an important component of marriage law. It is used to regulate theproperty relationship based on the spousal relationship. According to the legal reference,thematrimonial property system is classfied into statutory matrimonial system and matrimonialcontractual property system. Based on relevant provisions of Marriage Law of the People’sRepublic of China, the matrimonial property system in China implements the principle ofcombining the statutory matrimonial system and matrimonial contractual property system.Compared with the matrimonial contractual property system, the statutory matrimonialproperty system is applicable to the property relationship between husband and wife whenboth parties does not make a premarital or postmarital contract on the property relationship orthe contract is be of no effect.With the publication of the first, second, and third judicial interpretation of MarriageLaw, the matrimonial property system in China has been improved step by step. Meanwhile,with the development of the society, China witnesses great changes in economy and culture.Disputes over property ownership between husband and wife arise even if the currentstatutory matrimonial property system is put into practice. And most among them occur indivorce cases. In chapter one, this paper introduces related theories of statutory matrimonialproperty system, describes the status quo of relevent legislation in China, and explains theadvantages of the statutory matrimonial property system in China. Based on the practice ofstatutory matrimonial property system in China, main problems are posed in chapter two. Inchapter three, the statutory matrimonial property system of other countries in the world andtheir significance to the statutory matrimonial property system in China are analyzed. Inchapter four, solutions to the problems in the practice of the statutory matrimonial property system in China are provided based on actual situations. The solutions are aimed at improvingthe standards for property ownership confirmation in the statutory matrimonial propertysystem.