The Marriage Law And Its Judicial Research On Some Problems Of Marital Property Explanation

Marriage is the bond of family, family relations are the basic component of socialstructure. Mixed form of marriage relationship since ancient times is the personalrights and property rights, the ancients cloud marriage "name and rights" two words,the so-called "name" is the right of identity between husband and wife is concluded;the so-called "rights" between husband and wife property relationship confirmation.Thus, for the marriage of the marital property relations is part of one of the importantand necessary.The marriage law of our country three times after the legislation, the existingmarriage law revised in2001, since the implementation of the law has been13years,during the period of the Supreme People’s court according to the actual problems metin judicial practice process, taking into account the level of social economydevelopment, the types and forms of marriage and family disputes is increasing, thismethod has three judicial interpretations. In2001and2003respectively, promulgatedthe "marriage law judicial interpretation (one)" and "the marriage law judicialinterpretation (two)",2011"marriage law judicial interpretation (three)" thepromulgation is causing concern and hot discussion comments from all sectors ofsociety, is also a mixed. Family is the smallest unit of the society, the relation ofmarriage and family stability is a national social stability of the premise, and thematrimonial property relation is the priority among priorities in the marriage and family relations. Therefore, this article mainly from the following several aspects todiscuss and analyze the marriage law and its judicial interpretation on several issuesof marital property.Related to the contents of the first part mainly introduces the common propertysystem of husband and wife; the second part further describes the problem ofdiscrimination of the personal property of husband and wife, also do the backgroundnote for the analysis of the specific marital property problem and bedding; analysis ofspecific property problem third start, namely the problem of ownership and incomegenerating one spouse’s personal property after marriage, focuses on the analysis of"marriage law the judicial interpretation (three)" in the combination of new terms andconditions of the marriage law in2001and analysis and put forward the legislativeevaluation and suggestions; the fourth part mainly belonging to one party of thecouple problem of inheritance, the donated property is analyzed, the problem only in2001"marriage law and marriage law judicial interpretation (two)" to be involved,according to the cash social economic development and the judicial practice also doanalysis and put forward the corresponding legislative suggestion; the fifth part beginsto analyze a spouse by revenue attribution has not been made in intellectual propertyrights, this part starts from the special attribute of the intellectual property right, thecorresponding legal content of intellectual property income and marital propertycombination, also put forward some legislative suggestions and opinions.