On The Improvements Of Marital Property System In China

Good marital property system is not only to build and sustain the marriage and family life, safeguard the normal marriage and family functions effectively, realize the rights and obligations of marriage property relations subject has very important practical significance, and plays a positive role for the stability of the market economic order also. System run smoothly depends on the perfect law as a support and guarantee for, any legislative act has the value of a specific goal, specific target to pursue outside into a certain value orientation, value choice and measure, the value of the status, and implementation of legislative, judicial guidance. Therefore, from the aspect of legislative value choice of design for the marital property system, perfect the relevant legal principles and norms, to realize original function on marriage and social life.Through the analysis of current marital property system and its legislation value in china, the conclusion is that the ordinary property legislation has a growing impact on present matrimonial property legislation, the wholesale application of legislative value and specifications of common property, completely ignore the properties such as the identity property can be reached. The legislative value orientation lead to controversial matrimonial property legislative value during the period of social transformation. The present legislative value of marital property tend to be utilitarian, marketization and commercialization, which advocates by the market economy that characterized by "making compensation for equal value exchange",it has mislead the public and is not conducive to maintaining the stability order of marriage and family.Actually,as the regulating object of marital property system, the relationship of marital property and the Marital status relationship is inseparable. the later is based on the former. Identity, Ethics and Morality are the Characteristic of the relationship of marital property, which different from common property relations. As the Special part of civil relationship, marriage property legislation should has special value orientation. in this field, the explanation about the value of legislation and principles should accord with the ethics of marriage and family. The value of Marriage property legislation,whose choices should based on the excellent values, habits, traditional mental and social reality of our country.If only focus on the new problems to deal with the real life, the new situation of applied legislation or academic study, and ignore the study of the theory of the matrimonial property legislation value, will inevitably lead to the legislation and the judicial tendency of quick buck, which finally impact on the harmony and stability of marriage and family. Face the adjustment status, ethical and moral legislation of marital value.