Research On The Legal System Of Community Property In China

The conjugal relation in marriage is a personal status relationship,the marital property relationship based on it,with increasing importance and complexity in the modern society,has important and practical significance to the family harmony and the social stability.The system of estates by the entirety is an important legal system in China to adjust the marital property relations,and plays an important role in adjusting the property relationships between husband and wife in marriage.China's marriage law hides the marital property system in the scattered regulations of family ties and divorce system,which has been far from meeting the objective need of social development.Time is ripe for developing the special legal norms on the marital property relationships.It is necessary to modify and comprehensively adjust the related content of the marriage law.The legislative experience of China's marital property system can be summarized as "one legislation,two amendments and three explanations":"the generally common system" was adopted in the Marriage Law of the People's Republic of China in 1950;"the generally common system" was changed into "community ownership of postnuptial incomes" while the Marriage Law of the PRC revised in 1980,and then to 2001 "community ownership of postnuptial incomes" and "personal peculiar property system" was established as a statutory marital property system of our country when the Marriage Law of the PRC revised again."Three explanations" refine and improve the marital property system of our country from the perspective of solving the problem of judicial practice.But with social progress and development,China's system of estates by the entirety gradually reveals the lag and insufficiency in the face of the complex and changeable marital property relationship.For example,about the provisions of specific rights of enjoying the co-ownership of the both sides of spouse,China's marriage law only roughly prescribes that "couples have equal right to settle the common property",but has no concrete and detailed description about the specific rights and obligations to the estate by the entirety.The full text is divided into five chapters.Through expounding the research background,purpose and significance,analyzing the research status at home and abroad,this chapter is designed to develop clear context and get writing ideas into shape,on the purpose for the further research of system of estates by the entirety.Combing through the history of system of estates by the entirety and defining the related the concepts,the chapter aims to reveal the connotation of the system of estates by the entirety.The following part is the comparative study of the system of estates by the entirety.This chapter develops comparative analysis and research on our country's system of estates by the entirety,based on the relevant provisions on the system of estates by the entirety in German laws,French laws,American laws and China's Taiwan region,etc.Then the author will analyze our country's current marriage law and the relevant provisions of judicial interpretation about,the marriage law,clear the range of community property and the personal property of spouses in China,summarize and induce the advantage and deficiencies of relevant provisions of China's marriage law,and point out the problems in existence,so as to take effective measures to improve China's marital property system by giving some legislative suggestions.