The Research On Exceptional Marital Property System

With the rapid development and strength of the market economy,the main body of market participation is not a single group of people or individuals with more capital,with the rise of various financial investment projects,such as small loans,consumer credit,financial products,stock funds,P2 P,national debt,insurance and so on.As a whole family or family,independent individuals will be involved in this era full of opportunities and challenges,but high returns are accompanied by high risk.If poor management is not good,it is easy to fall into difficulties and even threaten the normal state of life.Although the husband and wife property system in our country also stipulates some measures to protect the safety of the transaction,the new judicial interpretation also restricts the false and illegal debts,but it is still not enough to deal with the new situation and new problems brought by the development of modern society.For example,the spouse of a spouse is confused,abusing the right to manage and refuses reasonable financial expenditure without justifiable reasons.After the dispute,it is not conducive to the protection of personal property,but also damages the interests of third people and affects the harmony and stability of the family.The current marriage law in China only stipulates the marital property system under general circumstances,and there is no provision for marital property under abnormal conditions.As one of the contents of husband and wife property system,the property of the husband and wife can play a good role in coordination and relief when they meet certain legal causes,and protect the legitimate rights and interests of the weak side.In marriage,it can maintain family harmony and maintain the right to dispose of the property as an independent individual,and seek the coordination and balance of all kinds of interests.There are relevant regulations in civil code of some countries and regions of the continental law system.The thesis is mainly divided into five parts.The first part mainly introduces the general situation of matrimonial property system.By discussing the concept of husband and wife property system and understanding its main characteristics and nature,very husband and wife property system is a legal system used to regulate and adjust propertyrelationship when the relationship between husband and wife is in the abnormal state.By revoking the original property system,the property system is applied to remedy the rights and interests of the injured party in marriage.The second part is mainly to study some typical legislative provisions in the countries and regions of the civil law system concerning the very husband and wife property.At present,in many countries and regions of the continental law system,there are relevant regulations on the property system of very good husband and wife,which have been tested through many years of practice.It has been a very mature legal system,such as France,Germany,Switzerland and the Taiwan region of our country.Mainly from the applicable situation,program design,starting,terminating,the applicant's main qualification,application effectiveness and other aspects of comparison and research,for the construction of our country's very husband and wife property system to provide reference and reference,so that we can take a lot of less detours.The third part is about the description of marital property in China.The fourth part mainly discusses the significance and value of the existence of the very husband and wife property and the basic conditions for the establishment of the property system in our country.The establishment of a very husband and wife property system can improve the system of marital property system so as to make up for the shortcomings of the husband and wife property system,so as to improve the economic efficiency of settling the marital property dispute and protect the husband and wife at the same time.The right of equality,disposition and protection of the interests of the weak.It can effectively solve the problem of compensation for marital damage,so as to better maintain the stability of marriage and family,and better safeguard the safety of market transactions.The fifth part is about the legislative construction of the exceptional marital property system in our country,and on the basis of the relevant legislation of other countries,combining the national conditions and actual conditions of our country.From the legislative model,the thinking,the applicable situation,the scope of the applicant,the applicable procedures,the effectiveness of the law in all aspects of thecomprehensive and in-depth discussion,to find a feasible legislative construction,improve the structure and content of the property system of husband and wife in our country,so that the law can better serve the people.