On The Judgment And Countermeasures Of The Joint Property Transfer Of Husband And Wife

Properly solving the problem of matrimonial community property is related to not only the family harmony but also the social harmony. For a long time, scholars pay more attention to the division of matrimonial community property, yet less attention to its transfer.Under the guidance of egoism, the behavior of transferring matrimonial community property by couples in which one party or both parties during marriage period emerges in endlessly. There is more and more property transferring because of our country's imperfect legislation. Therefore, some improvement measures are put forward in this paper according to the decisional analysis for the transfer of matrimonial community property and national conditions.This article is divided into three chapters:the first chapter includes two sections. Legal definition of matrimonial community property is discussed in the setion one. At first, legal connotation of transferring matrimonial community property is described, and concept, category, characteristics and causes of transferring matrimonial community property are introduced based on comparing the meanings of more countries' matrimonial community property. Thus, the behavior of transferring matrimonial community property not only violates the spouse's right of equal property administration, but also destroyes the joint ownership legal relation of the couple's common property. Practical significance of preventing and correcting transferring matrimonial community property is presented in the section two.In the second chapter, the evaluation criteria and classification of the matrimonial community property are recommended. Transferring matrimonial community property should be estimated on the basis of the transferring time, purpose and use, ways and attribution(whether or not it is matrimonial community property). Different types of subjecets and objects are analyzed in the classification of transferring matrimonial community property.The countermeasures to prevent and correct transferring matrimonial community property are advanced in the third chapter, which focuses on the legislation, justice and perfecting law-abiding during marriage period. The chapter is the key in this article. In legislation, Marriage Law and Company Law should be coordinated in order to provde the basis for legislation practice. The behavior of transferring matrimonial community property would be criminally regulated so as to limit it. In justice, declaration system of matrimonial community property, Burden Shift of Proof, Legal Accounting, consolidating judicial sanction are set forth. In perfecting law-abiding, for the sake of avoiding to fill the loopholes by transferring matrimonial community property around marriage period, certificate cosigning system on significant property, statutory appointment public summon system on matrimonial propertyare established, self-protection awareness should be enhanced.