Study On The Lack And Perfection Of China’s Statutory Marital Regime

With the changing of social concept of marriage, the large amount of marital property disputes also emerge all the time. Each of the dispute focus on the division of property disputes is also different from others. As a basis of marital property relations, Statutory marital property system reflects the current sense of values. Marriage Law reflects the traditional Chinese marriage and family culture as its historical basis. But when we turn to international and our country’s judicial practice,the current statutory marital property system still exists shortage, which needs to improve.Based on the statutory marital property system as the research object, this article can be divided into four parts.First of all,it interprets the basic content of statutory marital property system and theory. Then, the legal marital property system in the legislative value and principle are put forward. The second part summarizes the shortcomings of current statutory marital property system. According to some cases,a few specific issues should be paid attention on. The analysis on network virtual property is an innovation. It is concluded that the network virtual property should be within the scope of the statutory marital property system.The third part is a summary and a beginning of the next. Before the discussion of our country legal marital property system idea, the third part takes the basic theory of civil law into consideration.And it discussed the relationship in various departments of civil law,including the property law and the contract law.Set up a way of improving statutory marital property system as the soul and breakthrough of the system design. The fourth part comes back to practice. it comes up with some solutions to improve our country’s legal marital property system.As the innovation of this article, The network virtual property should be admitted its property value legally.Different value evaluation method is proposed for different types of network virtual property. Division of property can refer to it.The legal research methods of this article include contrast research, historical analysis, inductive reasoning and so on. It has a deep discussion towards the key problems of the object. Then it is put forward an idea how to improve China’s statutory marital property system. It would help adjust the legal relationship between the couple.Furthermore, it would promote the couple’s progress and harmonious development of the family.