The Research On The Construction Of The Exceptional Marital Property System

With the continuous development in China and GDP increasing,personal property has grown every day.The independent consciousness of people enhanced significantly and the property relationship between husband and wife has become complex and diverse,more and more couples have disputes on dealing with common property.At the same time,there are a lot of new problems and new situations arising that the usual marital property system cannot solve in real life.China's "Marriage Law" only provides the usual marital property system but no exceptional marital property system.Although the "Interpretation of several issues concerning the application of the "People's Republic of China marriage law"(three)has announced in2011,the couple can divide their joint property in the marriage.This article is considered to be a preliminary approval and the beneficial attempt of the exceptional property system.However,it's simple that the relevant provisions only have two cases that still cannot meet the requirements of the real life.Obviously,it cannot be considered that the exceptional property system had established.The main content of this paper is from the point of view of legal theory and practice,to discuss the necessity and feasibility of introducing exceptional marital property system from other countries or regions' legislative experience by comparing the legislation about exceptional marital property system of all countries,in order to improve our existing marital property system.This article is mainly divided into three parts:The first part: introduce briefly the basic concept that based on a true case,and analyze the current laws and practice in china.The second part: analyze the provisions on the exceptional marital property system in Germany,France,Switzerland and Taiwan of China and other major countries and regions of the civil code by the methods of comparison and analyses,and analyze the legislation structure,applicable situations,starting procedure,applicable to the effect of comment of exceptional marital property system mainly through the contents of the special matrimonial property system in order to provide reference to China in the construction of the special marital property system.The third part: analyze and think about the legislative structure,type,specific content and the connection with other legal system of constructing exceptional marital property system in China.By producing the three parts,this conception will be the foundation of the legislation during the future making procedure of the Civil Code,and it will also improve and adjust our country's now existing marriage and family legal system based on the legislative experience in other areas.