Research On The Recognition Of The Community Property In China

With the development of market economy, changing of the economic formation of society, life and production data of citizens increasingly rich and diversified, citizen's property and nature of the source has also undergone a tremendous changes, in the face of these new changes in the field of social life, current scope of jointly owned property has been unable to fully meet the the need of judicial practice, gradually exposed some problems to be solved. The common property of husband and wife is the material base of the common life of husband and wife. In order to promote family harmony, reduce the friction of family life, in order to establish the authority of the law, to better solve all kinds of disputes and conflicts in marriage, we need to define the scope of the common property. The current marriage law in China and three judicial interpretation although the provisions of the joint property of husband and wife and personal property boundaries, but due to lack of provisions in principle, resulting in some of the provisions of the existing defects and the understanding deviation, pose a challenge to the judicial practice, in the academic debate.This paper selects the scope of the joint property of husband and wife as the research object, the author tries to from the definition of the joint property of husband and wife of based on the legislation and judicial practice in our country, combined with the legislation of different countries and regions, scope of jointly owned property, comparative analysis of China and other countries and regions, the law on the scope of jointly owned property provisions, to draw some experience for reference in the legislation of our country. In addition,the author also discusses the current judicial practice in our country some controversial property ownership, in order to improve the legal marital property system of our country.This paper is divided into six parts:The first part is the introduction, which mainly introduces the research background of this article and the relevant provisions of the current marriage law and the judicial interpretation of the common property of husband and wife.The second part lists the part of the common property system of the country and the region on the determination of the common property of husband and wife legislation.The third part theoretically discusses the basis of the occurrence of the common property of husband and wife, that is, how to obtain the property can be used as the common property of husband and wife. The current "marriage law" in our country lists seventeenth kinds of situations which belong to the common property of husband and wife. The author believes that no matter how the law is listed, the acquisition of common property should abide by certain principles. Therefore, I want to focus on the "couple" principle.The fourth part discusses the occurrence time of the common property of husband and wife, that is, when the property can be used as the common property of husband and wife. Our country at present the academic circles to say that it is "the duration of the marriage relationship". And I would like to focus on several special cases:registration to the common life, during the separation period, divorce proceedings.In the fifth part, the author thinks that we should establish the joint property of husband and wife in China identified based that on the basis of matrimonial property system, in order to reflect the husband and wife cooperation identified as principle and establish the presumption of the joint property of husband and wife to reflect whether the husband and wife cooperation proof exclusion.In the sixth part, according to the occurrence of the common property of husband and wife, combined with the domestic and foreign legislative experience,the two issues in the common property of our country are studied. One is the income attributable to the marriage of personal property. The marriage law explain three "as stipulated in Article 5:income produced by one of the spouses personal property in the marriage, in addition to fruits and natural value should be identified as the joint property of husband and wife. The author believes that the reasons for the acquisition of personal property should be analyzed to determine whether it is related to the behavior of the couple, and then identify the attribution. Two is the diploma, whether to license the joint property of husband and wife. In real life, the husband and wife of one side for further study, to participate in a variety of training is often separated from the other side of the economic and emotional support. This problem has been widely concerned by the judicial theory and practice in our country. The author believes that, based on the principle of husband and wife together with the husband and wife based on the purpose of living together for the future expectations, the husband and wife to deal with the other side of the diploma, the right to enjoy the license. But diploma, license is not the traditional sense of the property, divorce, the diploma, the license can not be split, it can only establish a compensation system to support the spouse to get a diploma, a license to be compensated.