Defects And Improvement On Matrimonial Community Property System Of China

As expansion of economic scale and enhancement of economic power,China has reached the world's second-largest economy.Property system of marriage bonds has drawn greater attention under the large economic power and accelerated society.Matrimonial community property is a system which part or all of couple property combines and transforms into co-ownership.In our country,Marital Property System is composed of legal property system and contractual property system.The latter gets priority in application when the two parties fail to reach an agreement or the agreement is unclear.According to the relevant provisions of the property law,there is a common joint ownship is a principle which two or more people form a common relationship in accordance with the provisions of the law or the contract agreed The couple ownership between husband and wife is one of type of it.Therefore,there are some similar characters between Matrimonial community property and joint ownship,in other words,Matrimonial community property is legal property system.Matrimonial community property corresponds the actual situation of our country and the basic principles of the marriage law.However,every coin has two sides,we are agreeing with its positive side,while we are also facing with its disadvantages.We can make conclusions in three aspects: first,the reducing scope of Matrimonial community property weakens the protection of Matrimonial community;second,the presumption of marital debt weakens the protection of Matrimonial community property;third,lack of protection of exceptional marital property system.The thesis begins the argumentaion with existing problems of Matrimonial community property,and in view of the above questions,furtherly analyzes of the underlying reasons and influence.Finally I put some advice for it and strive to make a contribution to improve the perfection of the system based on relevant foreign legislations and combining the national condition.There are three parts in this thesis:The first chapter is about the basic theory of Matrimonial community property.This chapter consists of two parts,including the summarization and the comparison.In this paper,I will make an introduction about concept,characteristics,contents,types and legislative principles.The second chapter is about the existing problems.This chapter is the key part of this paper,three main problems: the scope narrowing gradually;the negative influence of couple debts presumption;lack of protection of exceptional marital property system.In the study of the problem,this thesis is listed the way to list the phenomenon at first,and the analysis of the reasons behind the performance,and finally combined with the phenomenon and the reasons for its impact and harm.The third chapter is about how to improve.This chapter aims at the problems raised in the previous chapter,and puts some suggestions to solve the corresponding problems.Based on the legislation in France,Germany,Switzerland and other countries,the thesis is absorbed the successful experience of foreign legislation.I hope to improve the legislation of Matrimonial community property system.