The Ownership Of Post-Mmarriage Income From Personal Property In China

Since our country founded, we have promulgated two Marriage Laws. And in2001, Marriage Law was made a major revision. Laws get better and better, but people need more and more. Especially as people own more property and more awareness of individual rights, how to divide the ownership of post-marriage income from personal property become a big question which urgently need to be solved. In the year of2011, Judicial Interpretation Ⅲ of Marriage Law which issued by the Supreme People’s Court defined this. Even though the rule enhances the operability in the real trial, I doubt about its rationality. For the current theories that the scholars hold, I doubt too. Despite of the rapid development of society, ethical values and property concepts in Chinese family are changing, and maintain some certain invariant properties at the same time. The Marriage Law’s essence is identity law, so matrimonial property has special attribute. Firstly, the Marriage Law has the character of nationality, so our national conditions and our traditional culture should be considered when design the matrimonial property regime, in order to achieve the unity of affection, logic and law. Secondly, The Marriage Law has the character of ethics, so the matrimonial property regime is different from the property regime in civil law. Thirdly, The Marriage Law has the character of social nature, so it has the responsibility of protect the weak. Considered that, the issue tried to combine our legislation and Justice, break the traditional attributable of personal property income, abide and clear the value orientation of our marriage law, and explore the good way to divide income from personal property.