| The legislative value orientation of the marital property system is restricted by the universal ethical culture of a nation's nationality.To determine the value orientation of marital property system in contemporary Chinese marriage and family law,must be based on the current social political historical conditions,economic development level and cultural situation.This paper focuses on the research of marital property system in China,through the empirical analysis,literature research,typical case study,interdisciplinary comprehensive analysis,comparative analysis and other five research methods to comb and construct the marital property system of the relevant countermeasures,provide necessary theoretical support for the practice of marital property system,has practical significance and practical value.The first part analyzes the value of marital property system of marriage law in the domestic historical period since the founding of the new China,compares the marital property system legislation in every stage,and finds that the overall law and value choice of the marital property system.The second part is the provisions of the marital property system as the research object,based on the historical investigation,demonstrates that the change of value orientation of marriage and family law is the result of social political,economic and cultural development;And from two theoretical basis: first is the basis of family sociology,mainly from the perspective of market economy;Secondly,the basis of family ethics,mainly from the perspective of public order.The third part mainly introduces some foreign legal provisions,hope to improve the deficiency of marital property system from different angles.The fourth part points out the present situation of marital property system in China,and makes a study on the deficiency of marital property system in China;At the same time,to find the corresponding solution,and to improve the concept of marital property system in China. |
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