Research On The Marital Agreed Property System In China

Due to the marital agreed property system mainly embodies the principles of gender equality and obtained the spirit of freedom, so that many countries set it down in the form of legislation and give it the priority to the legal marital property system. Our 1980’s "Marriage" for the first time in the legal form prescribed couple agreed property, giving it the force of law. In 2001’s revised Marriage law, this system was supplemented by regulations, makes it better, with more maneuverability, and promote the Marital Property System Development in China. However, combined with social reality, China’s marital agreed Property System still have some issues to be resolved in judicial practice, such as the lack of a comprehensive body this system requirements, the specific elements of the entry into force is not clear, revoked, the program does not change make regulations, etc. are yet to be perfected. This paper attempts a comparative approach, drawing on some of the more advanced foreign law, legislative experience, in our country Marital property system for analysis, basic research, in relation to make some suggestions to improve the system’s shortcomings in order to be able to the system in our country’s development and improvement do their modest means.In addition to introduction, this text is divided into five parts. There are about twenty-three thousand words in the full text.The first part is the putting forward of the problem. Through two typical case, putting forward of the content this article mainly discusses and the problems need to be solved: When the Marital property agreement becomes effective? How to identify the effect of the marital property agreement signed in the case of one is in difficulties? Under what circumstances the marital property agreement can be withdrawn or be invalid?The second part is the basic theory research of marital agreed property system. This part mainly introduces the types and characteristics of the marital agreed property system, the origin and development of the system and the function of the system. According to the contents of legislation of the system in different countries, marital agreed property system can be divided into the general type, list type and instantiating type. The general type and the list type each have advantages and disadvantages, the instantiating type is more mature. Marital agreed property system appeared late in our country, there in a longer time in the West. The unction of this system is one of the important reasons why we need to develop and perfect this system. This part will give a detailed introduction about these contents, in order to enable the readers to have a basic understanding of this system.The third part is the analysis legislative investigation about foreign marital property system. Mainly analyze the system in France, Germany, England and American. In order to provide beneficial references for perfecting the legislation system of our country.The fourth part is the analysis legislative investigation about our current marital property system. This part analyzes our current marital property system from multiple perspectives, mainly include the agreed subject, time, content and its effect. On the basis of analysis, point out the shortcomings of the system in our country. The main problems include: the agreement subject is not clear, the appointed time is not clear, the expression of content is not rigorous, invalid and revocable situation is not clear.The fifth part is legislative perfection suggestions of our marital agreed property system. On the basis of the fourth part of the analysis, and learn some advanced legislative experience of foreign countries in the third part, putting forward the following suggestions: clear the agreement subject, time and content, increase the regulations of the invalid, changeable and deleted situations of the agreement. Finally, this part solves the problems reflected in the case.