On One Of The Spouses In The Marriage Property Vested Benefits

In today’s Chinese society, with population growth, the accumulation of social wealth, the people all of the personal property of the range and type have emerged greatly increased. This is China’s legal system faces unprecedented challenges in terms of marital property. And one of the challenges is that, as one of the spouses personal marital property increasing in number and variety making the number of its revenue obtained during the marriage, the type and output mode also increases. Thus, formed a considerable scale social wealth. Therefore, how to identify these benefits become vested thorny problem a solution is urgently needed. Should be identified as the couple’s joint property or personal property is considered to be one of the spouses, or were due to different circumstances and identified it? This is not only a problem during the trial court can not be avoided, while determining the spouses of married life, this kind of income should be how to use and dispose of, and how a market economy should be dealt with transaction security issues, but also has important guiding significance. And our current marriage law does not clearly defined in this judicial interpretation of the provisions are not clear enough to solve the problems in practice. This article is written in this context, attempts to combine the legislative status quo of China’s national conditions and proposed the idea to improve our property on one of the spouses before marriage born in revenue attributable to the marriage, in order to improve the legislation to make modest.This paper is divided into four sub:The first part is to ask questions. Through the introduction of this paper is to discuss the case raised the question, and then discusses several perspectives on this issue academia, and these ideas were simple Comment. Finally, the practice of judicial practice and defects.The second part is a factor in determining income attributable to the applicable standards and should be considered, first analyzes identified several factors in personal marital property income attributable to consider marriage, then made two standards recognized income attribution.The third part is to improve the income attributable to the specific system. Discussion based on the previous two parts, the author detailed analysis of the party in the marriage is marital property income and determine their specific attribution.The fourth part is to improve other systems. The author talked about his vision for improving the system of personal property income from the legislative and judicial aspects.