Research On The All Proceeds Ownership Of The Pre-marital Property During The Couples Marriage

With the deepening of reform and opening up, China’s rapid socio-economicdevelopment, the rapid accumulation of wealth held by individuals, this trend ofmarried couple’s joint property system had a huge impact, everyone began to realizethat national policies and regulations on protection of property rights and interests oftheir own. Generations of lawyers through their unremitting efforts to study, makingthe marriage law constantly evolving, and gradually perfecting."Marriage judicialinterpretation (3)" Article5(hereinafter referred to as the explanation (3)) the valueand nature of premarital property yields in the marriage of a couple identified as thepersonal property of this provision, once enacted it caused extensive discussions, inparticular provisions on property aspects, making the family to weaken the commonproperty, personal property has been evident, consistent with the concept of a modernmarket economy with Chinese traditional sense of social conflict is obvious. Somepeople have worried about the introduction of judicial interpretation, reflecting theweak side of marriage and family neglect, questioning the "Marriage Lawinterpretation (3)" The introduction represents the marriage law has gradually shiftedfrom the legislative purpose to protect marriage as the trend to protect property; whilethe lack of criticism of judicial interpretation humane care, marriage is no emotion asmoney transactions.Firstly, on the interpretation of (3) in the disputed income fifth, yields, combinedwith the reality of the definition of value-added operations in the case analysis, thecase shows the reality of revenue, yield, value defined by complexity, combined withthe relevant provisions of national law analysis, legislation on issues related to China’sfuture marriage law proposals.Law is not only used to constrain the behavior of citizens, it is intended to protectthe legitimate rights and interests of individual citizens, whose ultimate aim is topromote social harmony and progress, how to reform and optimization of the marital property regime, making social situation becoming more substances can and ourtraditional moral values of marriage integration, which we need actual, constantlythinking, exploration, improvement.