On The Ownership Of Fruits For The Property After Marriage

In August 2011,the supreme people's court on the the explanation of some issues of the< marriage law of the People's Republic of China >(3)(what follows in the passage referred to as<the marriage law judicial interpretation(3)>)was officially implemented.The terms of the content of the discussion about the property arouse controversy,and article 5 of <he marriage law judicial interpretation(3)>is one of the controversial focus.Article 5 of <the Marriage law judicial interpretation(3)> defined the fruits of premarital property after their marriage for the first time,but it didn't account for the meaning of fruits,and the fruits was indistinguishably ruled out the scope of the common property of husband and wife.So it is still controversial in theory and practice.In the first,this article discusses the concept of fruits,and on this basis,define the concept of fruits;In the second,this paper analyzes the national legislative cases about fruits,and sums up the imperfect of the existing laws about fruits of the rules of the in China;In the last,this paper connects to the current social background,and puts forward some suggestions on future legislation in China.This paper thinks deciding the attribution of fruits should adhere to the "husband and wife together" and "fair" principle,based on whether the couple made a joint contribution to decide.Specifically,namely when determining fruits' attribution,usually a specific issue concreting analysis,and according to the produce process of the fruits of whether to include the other party to identify the contribution,in pursuit of the balance of the interests of both sides of husband and wife.