The Study On Marital Property Division System

Marital property division system is a system of the division of the shared property without the dissolution of marriage.This system has its theoretical rationality,realistic necessity and legitimacy of law. Marital property system can provide more safeguard for the weak in the marriage and it also has the function of guiding the public. It will also promote the implementation of the Article 99 of the Chinese Property Law.However, the defects, including over-narrow applicable situations and lack of legislation about applicable object, judge principle and legal validity, have made the marital property division system can’t play its proper role. It is necessary to expand the applicable regime of the marital property division system when it is in the circumstances that one of the spouses refuses to take on family financial obligations, or unjustifiably refuses reasonable disposition of property of the other, or poorly manages the shared property, or damages to the marital shared property, at the same time.such as,(a)make sure that martial property system is applied to all of the shared marital property,and the new obtained property only belongs to the one who obtained it;(b)in the process of dividing the martial shared property, the principles "referring to the divorce" should be followed,while the following special treatment should be in existence,such as make sure both sides have the right to normally use the articles of daily;(c)make clear of that the effect of the marital division property system is to differentiate the property, the date when it comes into force is from the date of application, and both parties may apply to the court or by way of agreement to terminal the validity of effect of the system.The clear applicable conditions are necessary to fully use the marital property division system. First, the "maintenance" should be understood in a narrow sense.Secondly, the reason that "no treatment is necessary" does not have the legitimacy against the marital property division system. Maintenance obligations, fostering obligation, and the support obligation are statutory obligation of the obligor, which is not exempted due to high medical costs, medical and other reasons,so the obligor’s paying medical costs of major diseases,is a reasonable disposition of property, the spouse may not use no treatment is necessary as an excuse against the marital property division system. Again,the agreement that the marital shared property can’t be divided during the marriage is invalid. According to " Chinese Property Law " Article 99 and "Chinese Contract Law" Article 52, the agreement violating Mandatory provisions is invalid, and the marital property division system belonging to be a mandatory provision, as a result, the action to exclude the applicable effect by agreement being invalid. Finally, by the establishment of publicity program, giving the third party the right to appeal, to allow third-party to raise objections case,the interests of creditors can be protected, and by force to establish the shared property,the interests of the family members can be safeguarded, too.Based on the current social-environment and the prone to quickly resolve disputes, the jurisdiction can be determined quickly,by which we can obtain the best chance to deal with the disputes.Since the current cause of action can not accurately reflect the nature of the legal relationship within marriage cases, we should add "marital division of property dispute"as the cause of action in such cases. And in the case of acceptance fee,since it is still a property dispute case,so the fee should based on the standard of it.