Study On The Marital Property System In China

Marital property system is the important legal system of property and also haveimportant role in marriage and family system. Marriage property which makes familybe the social function is the basic guarantee, whether it can be normal operationdepends on the law to adjust. With the development of private economy, there aremany couples taking part in social and economic activity. Therefore, it has greatsignificance to rule the related matters between couples, to specify responsibility in themarriage, to protect the disadvantaged rights and interests, which promote familyharmony and stability.After the founding of the PRC, our country has experienced three developmentphases:1950,1980,2001.It’s the marriage law in2001that has formed the China’scurrent marital property system: community property regime, agreed property regime,personal property. Although it plays an important role in the equality of men andwomen, in the fairness of the principle and protection on the disadvantaged group, thecurrent Marital Law on marriage property still has defects and shortcoming. So weneed to pay attention to the legal discussion of marriage property system, give full playto the role of marriage property system and promote the development of socialharmony and stability.The thesis analyses the current situation of marital property system, which focuseson elaborating the related concept, characteristics, classification. It has positive effecton the real equality of men and women, the establishment of marriage foundation, thepromotion on marriage and family stability, and the protection in property transactionsecurity. Then according to the common marital property system and special maritalproperty system in foreign countries and the current marriage property systemlegislation evolution in our country, the author elaborates the community propertyregime, personal property, agreed property regime. At the same time, the thesis pointsout the defects on marriage property system framework, legal property regime andspecific property protection, and then shows the internal reasons. Finally, based on theabsorption and the basis of previous studies, from the point of theory and practice, thethesis puts forward legislative conception, especially for the perfection of specialmarital property. Therefore, it can get the last aim, which is to improve our currentmarital property system, and realize reasonable distribution of marital property, the real equality of men and women in marriage, and the harmony and stability in family.