The Research Of The Promissory Spouse Property System In China

With the establishment of marriage relationship between men and women,the property relationship between the two sides arises.As an important part of the stable development of marriage and family,it was originally regulated by the legal property system.With the development of the times,the legal property system has been unable to meet the needs of the complexity and individualization of marriage and family life.In order to respect the freedom of expression between husband and wife and promote family harmony and stability,legislation in different countries generally allows couples to choose contractual property system to determine property relations freely.In 2001,China amended the marriage law and made supplementary provisions on the status,type and form of the marital agreement property system.However,there are many omissions and shortcomings in academic research and legislation,which makes the problems highlight in judicial practice.This article start with the basic problems of the marriage agreement property system and analyze the lack of legislation in the current marriage law in China.By drawing on the mature experience of foreign continental law system and common law countries,this article put forward some suggestions and analyze marital property agreements,which have more disputes in judicial practice.The first part:the summary of the marital agreement property system.This part mainly introduces the basic theory of the system,including the concept,characteristics,nature and historical evolution.In order to guide the judicial practice,the focus is on the study of nature and the application problem of the marital agreement property system.The second part:the analysis of the lack of legislation part in China.This part mainly analyzes the legislative provisions of the newly revised Marriage Law on the marital agreement property in China.Although the new law has made up for the framework provisions of previous legislation,there still exist some problems which are poor operability.It mainly focuses on the main body,behavior ability,type,content,time,form,effectiveness,alteration,dissolution and so on.The third part:the legislative investigation of the marital agreement property system in foreign countries.This part is specifically divided into the relevant provisions of the continental law system and common law countries.It selects France,Germany,the United Kingdom and the United States as representatives,and draws lessons from more mature regulations in the civil code or case law,so as to provide ideas for improving the legislation of the marital agreement property system in China.The fourth part:the perfect idea of that matter.It includes the shortcoming of current legislation system,learning from foreign legislative and judicial experience,combining with China's actual conditions of marital property relationship to perfect the blank point which have great controversy and improve the system's legislative authority and operability.The fifth part:the analysis of several marital agreement property systems which have great controversy in judicial practice.in order to contribute in improving the judicial level,we take the agreement on property gift between husband and wife,the agreement on the property punishment of the husband and wife's duty of loyalty and agreement on the property of children in the agreement on divorce property as a key analysis object as well as explore the problems which have big controversy.