Discuss On The Legislative Proposition For Unconventional Marital Property System In China

With the development of Chinese market economy,the gradual expansion of market transaction scale and the diversity of subjects,both sides of husband and wife,being as the transaction individual body,can attend the market activities and interest distribution which leads to the more complicated problems and more frequent disputes in terms of marital property ownership.It happens frequently that one side of the couple abuses the common property or the individual property cannot be sufficient to pay off his/her debt which could badly harm the interest of the unblamable side of couple.At present,the static marital property system(known as the common marital property system)cannot satisfy the need of current complicated situation in our country,so more scholars appeal that we should establish a dynamic change system toward the marital property system,that is,the Uncommon Marital Property System.Seen from the current real situation,it is feasible in our country for applying this Uncommon Marital Property System due to the following four reasons:firstly,the common marital property system provides the legislative foundation for the Uncommon Marital Property System;secondly,in our country,the legal cases hearing on marital property dismemberment provides the abundant practical experience for the related case solution;thirdly,females in our country have more independently economic status and less females only rely on males' economic situation by just doing housework;finally,the public's mind change for traditional marital views as well as the understanding and reception for the marital property dismemberment provide the favorable thinking environment for the implement of the Uncommon Marital Property System.Given to the real need and favorable legislative environment in our country,this Paper will study the legislative proposition of the Uncommon Marital Property System.On the basis of the real state of our country,this Paper will consult some overseas legislation for the Uncommon Marital Property System rules,especially in Germany,France,Switzerland,Italy and Taiwan area.Meanwhile,this Paper will also apply the related legislation framework from our scholars for establishing the theoretic foundation for making the Uncommon Marital Property System.Based on the comprehensive sort and analysis,this Paper divides our country's Uncommon Marital Property System into three parts,including legislative path design,system content design and legal effectiveness design.Also,it develops a deep study on the related issues of Uncommon Marital Property System,including the legislative setup and form,initiator program,statutory circumstances,claimant,other related programs,time effect,internal effect,outside effect and the end of legal effect,etc,for hoping to cover the whole content of Uncommon Marital Property System.Currently,our country is intensifying her efforts to making the corpus of the Civil Law and the Law of Domestic Relation which should become an independent law is being explored and made.Therefore,setting the Uncommon Marital Property System into the Law of Domestic Relation will definitely enhances the legislative system of our Marital Property System and efficiently protects the property interest of the vulnerable side in the marriage so that the marriage could be more harmonious and our society could develop more stably.