The Analysis Of The Marital Property System In The Marriage Law

Marital property system is the adjustment of the property relations of husband andwife in marriage law，which is a very important legal system. It is the legal systemabout the couple of the property before and after marriage property ownership,management, use, income, debt settlement, clearing and disposing of property when themarriage is dissolved in many aspects such as content. As an indispensable content ofmarriage law, since the founding of new China, China’s marital property system hasbeen revised many times, by the common system first, to the statutory matrimonialproperty system, legislation mode to matrimonial property system, matrimonial personalproperty system and promissory property system combined, China’s marital propertysystem experienced a process of gradual improvement, but at present our maritalproperty system still has contractual marital property system lacks publicity procedures,lack of agreement to change the procedures and provisions on inheritance or donation ofproperty and the unreasonable problem, still need to be further modified and improved.This paper introduces in the foundation of the basic characteristics and types ofmarital property system, to our country present conjugal property system were analyzed,and pointed out that the existence of marital property system in China, and then putsforward perfecting our marital property system suggestion. This paper is divided intothe following parts: the first part, introduction. Mainly on the marital property system ofour country history strictly and research status are introduced; the second part, themarital property system. This part is the concept, characteristics and types of maritalproperty system is introduced; the third part is the marital property system in China,including China’s new "marriage law" of marital property system in China to perfect theelaboration of the marital property system in our country the statutory matrimonialproperty system, contractual marital property system and the specific the content ofindividual property characteristics, summarizes and comments; the fourth part is the summary and analysis of flaws and defects on the marital property system in China, themarital property system of our country in the lack of publicity procedures, lack ofagreement change program about inheritance or gift from the property provisions arenot reasonable; the last part is the core of this paper, namely the perfect marital propertysystem of our country, this part from the general point of view, the joint property ofhusband and wife identification and management angle, contractual marital propertysystem and special system and then puts forward some marital property system of ourcountry perfect proposal.