The Ethical Analysis On Marital Property Law

The marital property law, which is the property part of the marriage law, is the legal system about rules of possession, access, usufruct and disposition of the properties between husband and wife. The marital property law not only has the general character of common property law, but also its own individuality. While the property law is used to adjust the relationship between people and objects and the status law is used to adjust the relationship between people, the marital property law is used to adjust the relationship between couples as its ultimate goal by adjusting the relationship between people and objects. On the one hand, we must put law in the first place for that we are building a law-ruled society. On the other hand, ethics also have an enormous impact on the relationship between couples. Therefore, in order to get a better effect, a set of marital property law which fully respect ethics is particularly important.Each kind of property law has its ethical base, however, the ethics criteria of marital property law are out of the ordinary because of its close connection with identity which is inborn. This criteria must be accurately grasped if we want to improve and perfect the marital property law. And this article reveals two aspects of the ethics criteria. Firstly, the substantive criteria requires maintaining a stable relationship between couples as the primary purpose. Though, in the special case that divorce had been decided, the primary purpose should be avoiding disputes and making proper arrangements for each side and their children after the divorce. Secondly, the formal criteria refers to establishing its own system of rules instead of applying to the regulations of common property law. Evaluating current marital property law by such criteria, we will find that the recent two judicial interpretations of the Supreme People’s court show growing attention to individual rights and decreasing aware of ethics, especially the latest one. Some of its provisions just take the unification of trial standards into consideration and deal with marital property disputes by applying real right law or contract law. That cause a lot of problems in ethics. We can resolve these problems only by paying more attention to the guiding role of ethics to the marital property law via moral legalization. Rely on the force of law, the marital ethics could guide people’s behavior and get the best effect.