| The spouse's contractual property system,which is also known as the agreed property contract,is to decide the ownership,domination and use rights of property in the form of an agreement between the people who has the intention to getting married or married couples,the property include both their own property before marriage and the shared property during marriage.Besides,this property system has clear regulations about the responsibilities that the spouse should take respectively when the third party has been involved into property relations.Compared to statutory property system,the agreed property system is more applicable.In China,the agreed property system has experienced a process from scratch to gradually perfect.Since the Marriage Law made clear statements about the spouse's property system,this system has played an important role in establishing and maintaining families' equality and harmonious.Along with the further deepening of reform and the sustainable development of economy,the related provisions for the agreed property in The Marriage Law is becoming more and more detailed.In order to satisfied people's need to determine the ownership of property and judicial practice,The Supreme Court carried out judicial interpretations for many times according to the social and economic development.However,as the property relationship becoming more complicated and diversified,the agreed property can't solve kinds of problems effectively that emerged in couple's daily lives.Laws that is closely linked to the actual life,such as couple's agreed property system,should be modified frequently to adapt to the real social situation.And it should be the basic spirit of legal system's development.This thesis has analyzed the status quo of legislations about couple's agreed property system in today China.Combined with other related research abroad,this thesis tries to provide reference to improve and solve these problems in actual practice.In order to protect the third party's rights,the author puts forward the idea of establishing a fair show program for the couple's agreed property system in the Marriage Law,and suggests feasible methods to solve the possible problems that may occur in the property system as well.The main content of this article can be divided into four parts: the first part is to analyzing the status quo of the couple's property system in detail.In this part,for reader's better understanding of the connotation of this system,the author makes a clear explanation on the concept of the spouse's contractual property system and analyzed the characteristics and the intrinsic value of the system.In the second part,the author studies similarities and differences on the couple's agreed property system between China and other countries,and points out the theoretical and practical fields that needs to be perfect.In the third part,based on the present judicial practice,the shortcomings in our country's legislation of couple's agreed property system has been analyzed.It mainly consists of three aspects: firstly,the external effect of this system is insufficient;secondly,lack of normative guidance when the system regulations has been changed or be taken back.Thirdly,there is no clear discussion on the the housework compensation in a marriage that ought to be accounted for a kind of property.In the fourth part,based on these deficiencies of the system discussed above,the author puts forward some suggestions to further improve the agreed property system in both theory and practice.These suggestions include setting up the public procedure,making the system more practical,specifying the changes and cancellation procedure for the property system.All these efforts has been made to try to lay a firm foundation for the further improvement of the spouse's contractual property system. |
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