| The society is consisted of people who living as he format of family. Marriageis the basis and guarantee of family. Man and woman maintain and protect eachother’s personal relations and property relations through establishing marriage,therefore, produce the relations of right and duty between husband and wife. Themarital property is the material guarantee in marriage and family. Meanwhile, it mayoccurs the civil transaction with others in marriage and family. The matrimonialproperty regime is established to ensure the equal status for husband and wife;orderly in marital life; safety transaction; and society order maintenance.With the development of our country’s economy, there have been increasingchannels of investment and types of capital which leads directly to a highercomplexity of marital communal property. Therefore, property relations have gainedincreasing attention while interpersonal relationships become less valued in thepresent situation. We start to emphasize on marital property rights and its role in ourdaily life has become more critical.As an important part of marriage law, the marital property system stipulates thebelonging, management, use, benefits and disposition of the property before andafter marriage, discharge of debts, and liquidation of property when the marriage isdissolved. Since the promulgation and amendment for the Marriage Law in1950,1980and2001, also the three judicial interpretation is promulgated as a guidance forjudicial practice by the Supreme People’s Court, gradually enrich and make thecontent more specific and formed the marital property system. However, with thedevelopment of economy and society, continuously comes the new marital propertyrelationships, current marital property system still has deficiencies.In this paper, I have reviewed the relevant clauses of marital property rightsthrough the development of ‘Marriage Laws’1950to ‘The Interpretation of MarriageLaws III’2011; I have also briefly analyzed the various areas of emphasis throughdifferent periods of time. I am trying to find a pattern and/or trend of the changing ofmarital property rights with our economy and society development by comparing themarital property rights of each time period and by analyzing our domestic legalstatus and legislative changes. Moreover, I have quoted some relevant clauses fromoverseas legal systems in order to compare and attempt to gain a better view of ourmarital property rights and its related disadvantages and areas of improvement. |
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