Study On The Legal Protection Of The Right To Know The Marital Communal Property

As an important legal relationship derived from the relationship of marital status,the relationship of marital property has always been concerned by the society.After the establishment of the marriage relationship,the husband and wife enjoy equal rights to the communal estate based on their specific status relationship.Knowing the information about the communal estate is a key part of it,not only the essential requirements of the marriage,but also the basis for the couple to live together and realize the economic function of the family.In real life,it's often found that one spouse's property rights and interests are damaged in the process of divorce due to his or her inability to grasp relevant information about the marital communal property,which highlights the lack of legislation and judicial dilemma of the right to know the communal estate.This paper aims to study the legal protection of the right to know the marital communal property.Firstly the importance of the right to know the marital communal property raises the overview of the basic theory.Then it briefly introduces the current legislation related to the right to know the marital communal property in China,and analyzes the necessity of legal protection of the right to know the marital communal property.By referring to the law and judicial practices of other countries and regions on the right to know the marital communal property,this paper puts forward the way to construct the legal protection of the right to know the marital communal property.Except the prologue and epilogue,the paper is split into four parts:The first part introduces the basic theory of the right to know the marital communal property.This part firstly defines the concept of the right to know the marital communal property,and then combines relevant theories to summarize the elements of it.Finally analyzing the relationship between the right of privacy and it.The second part sets forth the necessity of the legal protection of the right to know the marital communal property.The necessity of constructing the right to know the marital communal property is mainly explained from the following aspects: first,it can help us to realize substantive equality of property rights and obligations between husband and wife;second,the establishment of it makes the legal system of the marital property system in China more perfect;third,it is conducive to maintaining the harmony and stability of marriage andfamily relations;at last,it plays such an important role in improving the efficiency of judicial trials.The third part is the legislation in other countries and regions concerning the right to know the marital communal property and making comments on them.Introducing the legislation about this paper is concerned in some countries and regions.Based on the comparison and analysis on the legislation in other countries and regions,a lot of reasonable experience can be found to construct the right to know the marital communal property in China.The fourth part puts forward the path of the legal protection of the right to know the marital communal property in China.In the face of legislative deficiency and judicial dilemma of the right to know the marital communal property,this paper draws lessons from foreign legislative experience and puts forwards some suggestions.First of all,it is suggested that the right to know the marital communal property should be admitted to the Marriage and Family Copy in Civil Law Code of China.Coordinating the conflict between the right to know the marital communal property and the right to privacy is also a good way.It is essential to formulate a specific system to protect the right to know the marital communal property.And then we should strengthen the tort relief related to the right to know the marital communal property.Last but not least,we have to add a special matrimonial system.