Study On Issues Of Personal Property In Legal Marital Property System

The property is an important part of marriage and family, marital property system is the main content of the Marriage Law. In accordance with the provisions of the Marriage Law, the legal marital property system in China is community ownership of postnuptial incomes. Marital property is the material basis of marriage and family. With the development of commodity economy and increasing personal wealth, the awareness of property rights is gradually awakening, meanwhile the marital property disputes has intensified. Interpretation of several issues concerning the application of the marriage law of the people’s Republic of China (three) as the latest judicial interpretation of the Marriage Law, is a symbol of legislative trends that our marriage law protect the couple’s personal property. Studying on personal property in the legal marital property system has significant theoretical and practical meaning to advocate the independence and equality of couple’s personality, to accelerate the legislative process of protecting couple’s personal property, to reduce the divorce property disputes and promote social stability and harmony..This article is divided into four parts:The first part is the introduction. By comparing two real cases, the thesis interprets the reason of "co-different sentence" that it is a blank of marital property system in the Marriage Law and then proposes that the research focuses on the completion of marital personal property system.The second part is the theoretical issues of property rights. Relying on Western famous scholar Locke’s discussion of property rights in Two Treatises of Government theoretically, the thesis emphasizes on the views of "Natural Rights" and "Labor Creates Property", which provide a theoretical basis for the discussed below.The third part hold the opinion that it is a legislative trend of marital property system to emphasizing on the protection of personal property rights. The thesis interprets the Interpretation of several issues concerning the application of the marriage law of the people’s Republic of China (three), analyzes its meaningful breakthrough for our traditional concept of marital property and marital property system, on which to explore the legislative trend of marital property system.The fourth part is suggestions of perfecting marital personal property system. Based on the value orientation and legislative trends of marital property system argued, drawing on the advanced foreign legislative experience, and combined with the legislative concept of Marriage Law, the thesis puts forward the suggestion of perfecting marital personal property system from seven aspects in the comparative ways mainly.