The Construction Of Exceptional Marital Property System In China

The current marital property system in China is designed on the basis of the normal relationship between husband and wife.With the development of economy,the contradiction between husband and wife's property gradually appeared,such as the inconsistencies between husband and wife's disagreement on the common property management,the husband and wife's party invaded the property rights and interests of the other side,and the husband and wife refuse to fulfill the duty of support and so on.All these problems have not been able to fully adapt to our society,leading to some confusions in the judiciary.Exceptional marital property system means that under the special circumstances,the marital property system is changed into separate property system according to law.The new system can effectively solve the above marital property contradictions,guide the public to enhance the concept of personality independence and equality of couple,and can coordinate the system of marital property division and the compensation system of tort damage within marriage.On the occasion of the compilation of the civil code,in order to incorporate the marriage and family into the civil code more scientifically,it is necessary to improve the marital property system and increase the provisions of the exceptional marital property system.Therefore,it is full of great practical significance to discuss the construction of exceptional marital property system in China.This paper is divided into four parts,there are 23000 words except the introduction and conclusion.The first part is the legislation status and evaluation of marital property system in China.This part analyzes the problems and the crux of the legislation of the current marital property system in China,and puts forward the solution--establishing the exceptional marital property system.The second part is the theoretical foundation of the exceptional marital property system.This part expounds the concept and characteristics of the exceptional marital property system,the legislative origin of exceptional marital property system and its function and content,which lays the foundation for the discussion below.The third part is the necessity and feasibility of establishing the exceptional marital property system in our country.In view of practical problems,this part discusses the necessity of setting up the system,and also discusses the social basis,ideological foundation and institutional foundation of constructing the exceptional marital property system in our country to prove that it is feasible to build the exceptional martial property system in our country.The fourth part is the legislative assumption of constructing the exceptional marital property system in China.Through the comparative study of foreign countries and the analysis of the local micro rules,this part puts forward the legislative proposals for the construction of the exceptional marital property system from the system arrangement,the starting way,the legal cause,the subject of the right of request and the legal effect these five aspects.