The Value Orientation Of Matrimonial Property Regime In Modern China

Different social forms and stage characteristics promoting the development of different value orientation in the law. The modern marital property system of our country has experienced many changes, the reason is the economic foundation, the social foundation and the cultural foundation of the value orientation. The value orientation of the marriage property system before the founding of the PRC is based on the family standard. New China's first marriage law was promulgated in 1950, the value orientation of the traditional family based, its positive significance is to give the legal status of the husband and wife equal. In 1980, the marriage law is out of the traditional family oriented framework, and the value orientation is the transition of the couple standard. In 2001, the marriage law showed more protection of personal property, the value orientation is mainly embodied in the personal standard. With the follow-up of the relevant judicial interpretations issued, the value orientation toward taking into account the interests of individual and social interests of the direction of development. The basic form of modern marital property system is the common property system and the system of property. It reflects the diversity of value orientation, such as respect for both sides of husband and wife intention, notice to protect private property, protect the lawful rights and interests of the weak side, both individual interests and social unity. Diversification focus is in the both sides of husband and wife more, given the right to know and the protection of lawful property rights and interests of the third person. The basic principle of clear guiding marital property system. On the basis of fully protecting the personal property rights and protecting the safety of the transaction, the husband and wife are given the right to know each other's personal property. Perfect the legal property system of marriage in China. Properly limiting the scope of the common property of the couple. The establishment of marital compensation system and compensation system. Perfecting the system of marital property and debt. The replacement of the existing marital property division system by the special legal property system. Perfect the property system of marriage contract in our country. Increase the public notice system of the agreed property system. Explicit provisions on the procedures for the alteration and revocation of the agreed property system. Analysis of modern marriage property system in China from the perspective of value orientation. Draw lessons from other countries advanced legislation idea. The reason and trend of the evolution of the value orientation of the modern marriage property system in China. To adapt to the social development, improve the modern marriage property system has a special significance.