| The rule of transformation of husband and wife’s personal property is a property protection system for rural women in order to adapt to the current marital life after the transformation of "family property system" to "husband and wife property system".Its earliest legislative expression appeared in the judicial interpretation of the Marriage Law in 1993.Since there are some objections to the rule,the judicial interpretation provisions of the Marriage Law in 2001 are no longer applicable.Although the rule of property transformation has not been applied for a long time in our country’s law,the concept of property transformation has been continuing in the history of our marriage system based on the origin of our country’s "family property system".Marriage system has been inherited till now.At present,property transformation between husband and wife still has important functions and values.It conforms to our country’s marriage ethics,carries the legal value during the marriage,and can realize the balance of interests within marriage and maintain the stability of family.After the abolition of the judicial interpretation in 2001,the protection of marital property in China has become more and more obvious,and the common interests of families have weakened,which has resulted in a series of social problems,such as the intensification of marital conflicts and the rise of divorce rate.Along with the questioning of the legislative trend of marital property system in academic circles,the reflection and return of property transformation rules have also entered the vision of scholars.Reviewing the reasons for the abolition of property transformation once again,although it has certain "rationality",there are still some biases in this "rationality" after repeated deliberation and consideration.From the point of view of rationally coordinating the interests of family members and strengthening the stability of marriage,the current marital property system needs to be updated and reviewed,and the property transformation rules have the legitimacy of re-mentioning.Unde the mode of "separation of three powers",the ultimate ownership of land belongs to the collective ownership of the members,and farmers enjoy the land ownership as a unit of rural collectives,which can fundamentally guarantee the foundation of the socialist economic system and guarantee the equal rights and interests of all members of society;the land contract right has long been established in every household of peasant households,which can guarantee the basic life of rural collective members.Free circulation of land management right through market transactions can bring about the scale and modernization of agricultural production,and realize the maximization of land value and the improvement of agricultural efficiency.In fact,ownership,contracting right and management right correspond to three value demands of equal sharing,bottom line guarantee and economic efficiency respectively.With the establishment and perfection of the system of clear ownership,complete power and function,smooth circulation and strict protection of agricultural land property rights,these three kinds of value demands will be more and more fully embodied.By comparing and analyzing the legal experience of major foreign countries in the coordination of marital property interests,this paper draws inspiration from the "annual transformation rules" in the American Family Law Summary,and puts forward suggestions for the reconstruction of personal property transformation,that is,to establish the "proportional annual transformation" mode of property transformation,so as to avoid damaging the property interests of both husband and wife due to the fixed-term transformation.At the same time,the article analyzed and discussed the specific application of the transformation of husband and wife’s personal property,such as the scope of property,the way of property transformation,and the exclusion of the application of property transformation.Finally,it clarified the right attributes and the exercise of the property after transformation.In order to construct a property transformation rule that conforms to our marriage ethics and promotes family harmony,to make up for the deficiencies of the current marital property system. |
