The Theory Of Marital Property System

In the rapid development of China's socialist market economy,Family life,material culture,spiritual level has been greatly improved.With the change of world Outlook and values,as well as the economic status of women more and more independent,Husband's personal property,especially property of wife number increased significantly,Family relative independence between each subject has been greatly strengthened,Couple's identity gradually weakened,Directly on the social phenomenon is the increasing divorce rate,Then leads to a real problem-the matrimonial property regime.Matrimonial property regime as a law of the spouses property relations adjustment system,Runs are a normal family life,marriage functions,and legal guarantee of social stability and harmony.However,the legislative provisions relevant to the matrimonial property regime are not too extensive,Promulgation and implementation of the new marriage law of China in year2001.Review,modify and improve the matrimonial property system,But there are still a lot of shortcomings,There are many theories and practice are to be solved to improve various problems.In this article use the theory describes,with practice,the comparative analysis method,by domestic and foreign legislation comparison research on the legislation of marital property system in our country and analysis of the deficiencies of proposed supplement the legislation of marital property system in our country.This paper is divided into four chapters on the matrimonial property system of basic theory,comparative studies,and the perfection of detail.In the matrimonial property regime in the chapter on the basic theory of the main conceptual features and basic meaning,content and historical evolution of four aspects of the matrimonial property system of the basic concepts,main characteristics,and legal basis,relevance,content types,detailing the history and other general issues at home and abroad.Chapter from abroad,matrimonial property regimes and the various field matrimonial property system of comparative research,analysis of the legislation of marital property system in China,foreign legislation enlightenment to China's legislation of a comparative study on marital property system.Third part is the analysis of the deficiencies of marital property system in our country,I believe the existing legislation is not the system,lack of General provisions of the system is not complete,there is no legislative structure of the mature;marital debt issues and responsibility is not clear;anticipated interest in intangible property is not clear;during the separation of property regime finds deficiencies in lack of clarity needed in legislation supplementing and perfecting.In the fourth chapter in the preceding three-part analysis of perfecting the system of community property derived from such studies several conclusions,Are: establishing general provisions in the matrimonial property regime,strengthening institutional perfection of marital debts;establishing and perfection can expect the compensation mechanism of the matrimonial property interests;to perfection during the separation of property regime,and perfect rationalization of the programme presented in the article comments and suggestions.