A Study On The Legislation Principles Of Marital Property Relations In China

With the rapid development of society, people's family values decreasing situation, at present our country of the marital property relations legislation tend to maintain personal property interest and respect for individual freedom, mainly reflected in the marriage law judicial interpretation three premarital the relevant regulations of the housing ownership. But the property relation of Chinese couple property has particularity, so the legislation principle of Chinese couple property relationship should be updated appropriately, in response to the actual situation of marriage family. The principle of legislation refers to the main principles of legislative activities. Marital property relations legislation principles are a guide in legislative activities,is in order to realize the legislative purpose of lawmakers, guarantee of inner spiritual character consistency, to ensure that the set method can adapt to the social environment, it has guided the development direction of the marital property relations, decided to the basic principles of the marital property relations and maintain the integrity of the marital property relations system and so on. Our marital property relations legislation principle has experienced a series of historical change, but every time a change with the weakening of the family group,individual selfish departmentalism gradually in the marital property relationship in our country.The legislation of couples' property relations in our country should follow the principle of combining the interests of the individual and the interests of the family. At present, the law of couples' property relations in our country is too concerned with the protection of the interests of the individual property. But the husband and wife property relation of our country has a sexual identity, ethical, and action team,husband and wife property relationship reflects the characteristic of common wealth, in marriage and family, the couple also shoulders the social function of pension) young, so lawmakers in marital property relations in the process of legislation to consider these factors, in the maintenance of personal property interests as well as to balance the interests of the family.The legislation of Chinese couples' property relations should be guided by the principle of the combination of meaning autonomy and protecting the interests of the weak. Marital property relations legislation in our country at present focus too party autonomy, and neglect the protection of the interests of the weak, especially in the when a couple divorce division of property agreement drawn up, completely follow the party autonomy. But the fourth plenary session of the 18th national congress of the communist party of China highlighted the importance of promoting family virtues and building a harmonious family.In the case of family case treatment, it is the idea of defending family harmony, focusing on family members' identity and ethics. The legislation of the Chinese couple property relationship legislation should consider the need of harmonious family construction, while respecting the freedom of the parties, also protecting the benefit of the weak.The legislation of Chinese couples' property relations should follow the principle of combining Chinese characteristics with the new international trend. At present, China's marital property relations legislation principles did not reflect the identity of the husband and wife property relation subjunctive, ethical, and action team, with the general principle of civil property relationship legislation. After entering the modern society, but western countries a series of changes have taken place in the field of marital property relations legislation,has a tendency to return to the marriage and family particularity, pay attention to realize the essence of the husband and wife property relation judgment, when a couple divorce division of property in pay attention to the protection of the interest on the part of in a weak position, our country tends to lag behind in this respect. Marital property relations legislation in our country at present stage to keep up with the trend of The Times, in consideration of Chinese characteristics at the same time also should absorb the western countries in the marital property relations legislation accumulated successful experience.