On The Marital Property Agreement System In China

Marital property system has been established in many countries, and have morethan the legal property system of priority of legal effect, which is due to maritalproperty system not only fully reflects the principles of autonomy between husbandand wife, but also the need for the development of society. The marital propertysystem in the law given formally identified in the1980"marriage law", and then in2001"marriage law" has been further modify and perfect, make marital propertysystem more perfect. But judging from the current actual situation, the couple agreedthere are many urgent need to adjust the local property system, such as qualitative,effective conditions, publicity and change, such as revocation problem. Theseproblems in the law is still not clearly defined, and the academic circles also continueto debate. The author studied and a full range of analysis of marital property systemthrough the method of historical research, comparative research, basis and legislationin foreign research and successful experience, combined with the present situation oflegislation in our country, China’s current marital property system problems andsummarizes some of their suggestions, and hope that can provide a theoretical basisfor the judicial practice of the marital property agreement system in China.There are four parts in the text.The first part of the basic theory belongs to the marital property system part, thispart discusses the concept, characteristics, nature of marital property agreement andthe legislation significance. We had a preliminary understanding of the promissoryspouse property system, as the theoretical basis of fully lay the following analysis.The second part is the investigation of the marital property system part of history.This part first introduced ten fifty-sixth Century urban law on matrimonial propertyregime agreed rules until the development of modern law; secondly in ancient China,the modern legislation and legislation after the founding of new Chinese until todaythe promissory spouse property system are introduced. The longitudinal developmentof our system of marital property agreement on a deeper understanding. The third part is the agreed matrimonial property system and Analysis onlegislation research. Combined with China’s current legislative situation, this parttypes from the agreed matrimonial property effect condition, content, legal effect ofseveral are introduced and analysis, summed up China’s marital property system existand need to be perfected, do a matting for the following improvement part.The fourth part is the countermeasures and suggestions perfect promissoryspouse property system in our country. Combined with the foreign advancedlegislative experience according to the deficiency of our marital property agreementsystem, this part of the marital property agreement from the validity, form, content,way of publication and agreed changes and revocation of several aspects of ourmarital property agreement proposals.