The Research Of Marital Property System Form In Our Country

Marital property system has always been the key problem in the rights andobligations of husband and wife in the family relations. Marital property system at thesame time also reflects the social evaluation of men’s and women’s status in the family.Marital property system appeared as early as in ancient Rome. It has a history ofabout2000years. From that time to now, the world within the scope of maritalproperty system has experienced various forms. From the evolution process in theform of marital property system, it can be seen that the change of the social andfamily relations. It is also the changes of social and family relations that lead to thedevelopment of the marital property system form. At the same time, from themorphology of the marital property system and the change process of the social andfamily relations, it can reflect the future development trend of the marital propertysystem form and direction. For a long time, the value orientation of our countrylegislation is common property system which protects the family women, and ignorespersonal property system that protects private property independent of husband andwife. Compared with the legislation before, although our country’s current "marriagelaw" and relevant judicial interpretations on the marital property system form haschanged a lot, from the world, it’s not conform to the development trend of the maritalproperty system. At the same time, the relations of the common property system andpersonal property system changes under the new situation, which lead to the defectsof marital property system in our country and the relevant system. This article ismainly by transition of relations between the common property system and thepersonal property system the as the breakthrough point. From the macroscopic aspectto explore marital property system in our country, the author propose thecorresponding perfect measures. This article except introduction and conclusion, there are four parts in content.The first part of the article mainly discusses the marital property system form thebasic problems, including the meaning, historical evolution and developing trend. Thesecond part is the current situation of the marital property system form the legislationof our country. This part analyzes the current common property of husband and wife’spersonal property and its legislative background, structure and other issues. The thirdpart found the existence of defects through the analysis of the marital property systemform, in order to make clear the problem to be solved. The fourth part from the macroand micro aspects put forward opinions for the perfection of the marital propertysystem form.