On Perfection Of The Marital Property System Of China

Our marriage legislation late start, there are many problems to be further improved. Matrimonial property system should belong to the category of identity law, but its content is standardized system of property relations, it also inseparable from the nature of property law, and thus marital property system is the identity of the legal system crossing point between law and property law on. In a variety of forms, such as the private economy, rapid economic development today, the content and form of marital property relations have made great development and changes, showing a diverse, complex trend. Coupled with the economic and social goods, property transactions frequently, one of the spouses is inevitable and a third person has property on the behavior of law, property relations of the spouses and the third person, there may be specific provisions to safeguard the security of transactions. Therefore, the importance of marriage and family law in the self-evident, that instant explore issues of marital property system has important practical significance.In this paper, the law applicable to matrimonial property regimes and made superficial exposition. Mainly on China’s " Marriage Law" Article 17, Article 18, Article 19 of the proceeds from the common system of married couples, marital personal property system and Marital Property System requirements applicable to their specific concepts, nature, content and legal principle, a detailed understanding and analysis. Jointly owned property system, property system and conventions specific property system, formally constitute a fairly complete and reasonable matrimonial property regime. They complement each deposit, complement work in practice, identified marital property, under the legal property system and appointed property system coexistence scenario, agreed property system takes precedence over the legal property system applicable. That has appointed property, the applicable contractual property regime applicable statutory property regime of property when there is no agreement, and the legal system will have to consider the personal property of a particular property. Specific conditions, specific treatment. Protect the legitimate rights and interests of China’s marriage law to make the marriage of the parties to a greater extent, reduce family conflicts and disputes.