Research On The Difficulties Of China’s Marital Property Ownership

Further adjustment of the marital property in China in 2001 revised "marriage law" in the process, first put forward the personal property of the content, which is a significant change in our marriage legislation. China then has promulgated three judicial interpretation of the marriage law of 2001 "marriage law" of the content of complement, most of the provisions of judicial interpretation in China is to adjust the relationship between husband and wife. Even so, the laws, regulations and judicial interpretation of China’s current to adjust the marital property relations still exist many disputes. This paper will discuss in detail on four of the most controversial issues.This paper is composed of introduction, text and epilogue. The text has four chapters.The introduction part, mainly puts forward the research problem, research purpose, current research status, the main research method of this paper.The first chapter mainly discusses the personal property of husband and wife in marriage by the affiliation of fruits. First introduced the legislation in other countries and regions of the problem; secondly, the domestic academic point of view this paper introduces and analyzes the existing; again, the author puts forward his own idea:premarital property after marriage shall belong, neither are as common property, can not be used as personal property, should be treated differently. The criterion on whether the couple to reflect, if has not reflected the couple to fruits, should belong to the individual property. If the cohesion of the work of both husband and wife, the fruits should belong to the joint property of husband and wife, work here refers to the direct contribution to make to the other party of the spouse premarital property. At the end of this paper this problem several changes in the process of the legislation of our country, and put forward the legislative suggestion.The second chapter mainly discusses the problem of one of the spouses to obtain intellectual property rights have not yet achieved in attribution. Firstly, the premise of the related content, including the, effect of intellectual property rights related concepts and relationships of the income. Followed by the introduction of different point of views in the theoretical circles on the existing problems, and the analysis of these views. Once again the author puts forward his own idea:the intellectual property rights of economic interests is the embodiment of the property, should be based on the knowledge of product completion time as the division standard to judge its economic benefit. If the products are complete in knowledge creation within marriage, the knowledge product revenue for the community, the intellectual property rights after the profit obtained by the knowledge product regardless of whether the implementation for the community. That is to say, the author thinks that the party in the intellectual property rights in marriage, whether or not has the economic interests of all belong to the common property, the reason is that the implication of knowledge products economic benefits for the community, referred to as the "economic interests of intellectual.products have said". And then introduces the segmentation method of economic interests of intellectual products, including a one-time solution principle, evaluation and consultation method. Finally is the evaluation of the relevant legislation of our country, and put forward the legislative suggestion.The third chapter mainly discusses one of the spouses due to inheritance, the ownership of the property. First introduced the related problems in other countries and regions’legislation, there are personal property; personal property based, supplemented by the common property; common property based, supplemented by three different provisions of personal property. The second is to other countries and regions of the legislation of the conclusion and the enlightenment to our legislation. Once again, our scholars have different views on this problem and analysis, mainly in the following three perspectives:the personal property, common property theory and compromise theory. Then the author puts forward his own point of view:the division standard of the previous two property, in the judgment of one party of the couple because of inheritance, the ownership of the property donated to obtain, also should be based on whether the embodiment of "husband and wife together" as the standard. If a property access cannot do without the other party’s contribution, it should be identified as matrimonial property; if a spouse has nothing to do with, should normally be regarded as personal property, except as otherwise agreed. On the problem of the ownership of property, should first establish a general rule, due to inheritance, the property shall be obtained for the personal property. But the establishment of two rules:first, first as a supplement, wills and gift contract that is the common property of the couple for the community; second, if the spouse of the decedent, the donator does as maintenance obligations or other obligations, appropriate compensation shall be given no right of inheritance, the spouse. Finally, the legislation of our country is introduced and analyzed, and put forward the legislative suggestion.The fourth chapter mainly discusses the problem of gold belongs to personal injury compensation. First introduces the relevant provisions of compensation legislation in other countries and regions of the personal injury. The second is the Ancient Chinese Literature Search circles about the problems of the dispute. Finally is the reflection and perfection of legislation on this issue in China’s marriage law, lists the specific content of compensation for personal injury, the nature of the classification, different types of personal damage attributable to a different, living subsidies for the disabled should belong to the common property.The conclusion part summarizes the full text, draw the conclusion:"husband and wife should be together" as a division of common property and the personal property of the standard. If a property cannot do without the help and support of the other party, shall be deemed to be common property; if a property has not with your spouse, usually identified as personal property of husband and wife, except otherwise agreed by the parties.