Analysis Of The Effectiveness Of Husband And Wife Joint Property Punishment

A stable marital relationship serves as the foundation of family harmony,whereas the community property is the guarantee of marital relationship.Thearbitrary disposition of property betweenthe husband and wife will undoubtedly hurt the feelings of a couple and hence leads to family disputes.Only through the full protection of personal and community property can the marital relationship be effectively maintained.Therefore,the law should lay emphasis on defending the property rights of both the husband and the wife so as to prevent any damage to property interests of either party which was caused by the abuse of the right of disposition of his/her spouse.In the modern market economy,the property is not static but in a dynamic alternation.No one can guarantee not to conduct transaction with married people,so the property relationstherein will change as well.However,due to the inherent stability and lag nature of law,not ever scenario of actual life can be explicitly stipulated.So it is unavoidable to see defects of right during transaction.Obviously,it is unfair to make the assignee to shoulder all the adverse consequences which are brought about by the abovementioned defects.Nevertheless,such an arrangement not only harms the interests of the other party in a transaction,but also affects the stability of market economy.The paperconsists of three parts:Part One,based on the typical cases during judicial practice and hot cases of this year,the author points out and analyses the focus of each case;Part Two,from the theoretical and practical perspectives,the authorsorts outthe categories and effectiveness of community property disposition;Part Three,the author,from the legislative and judicial aspects,points out the existing problems of the effectiveness of community property disposition,and further makes legal proposals—establishing domestic affairs agency system and marital property infringement system.