Research On The Legal Property System Of Chinese Couples

With the development of our socialist market economy,has greatly improved the conditions of social material life,people pay more attention to the ownership of property,both the general contracting parties and accompanied by the old couple have to face and deal with the relationship of property law.Under the condition of socialist market economy,the disposition of husband and wife is directly related to the status of husband and wife in the family and the stability of the family,and also to the healthy development of the market economy.Therefore,it is of great practical significance to set up a reasonable system of property between husband and wife.China's marriage law after several amendments,the marriage law of the marital property system has made important changes and improvement,establish the legal property system and contractual property system,and set up a specific personal property for legal property system.However,we should also see that although these revisions than before is a great improvement,but the scope of such as statutory marital property system is too wide,operability is not strong,or the current statutory matrimonial property system in China regret.Therefore,the current "marriage law" in the provisions of the husband and wife property can't fully meet the needs of the current society and the requirements of the parties to the marriage.In theory and legislation,it will also lead to confusion in the judicial practice,so it is necessary to study the legal system of matrimonial property.This paper intends to discuss the following four parts:The first chapter,an overview of the legal marital property system,discusses the comparative scope of statutory marital property Chinese common statutory marital property and China Laos and the scale of marital property;comparative scope,China couple property and China Lao special property of spouses and couples property scope of laos.By comparison,a clear Chinese with Laos in statutory marital property system between prominent Chinese in legislative and judicial aspects of the system to explore and improve,reflect the superiority and Chinese peculiar property of spouses property system,lay the foundation for the following beneficial factor in laos.The second chapter deals with the right to dispose of common property.The paper discusses the effectiveness of the agency for the family and the couple China unauthorized disposition of matrimonial property,discusses the effect of couple of unauthorized disposition of common property,by contrast Chinese couples with Laos provisions of unauthorized disposition of common property,in order to improve the law of Laos has played a positive role.The third chapter is about the rules of the sharing of the debts between husband and wife under the legal property system in China.Based on the principle of the two countries,this paper sums up the common points and differences of the two countries,which lays the foundation for the later study of the principle of debt sharing.The fourth chapter,the legal property system of Chinese couple to laos.First of all,this paper expounds the theoretical basis of the system,from the macro sense of the relevant provisions of the two countries.Secondly,elaborate the legislative principles of system reference,specific principles include:the principle of equality,the couple agreed to better than the legal principle,pay attention to the protection of the weak and maintain transaction security four aspects,and then from the level of the value of legislation and judicature to guide and standardize.Finally,we can draw lessons from the following four aspects:the establishment of the system of family agency,the sharing of the debt of the husband and wife,as well as the attribution of the inherited property and the ownership of the donated property.