Research On Perfection Of Present Conjugal Property System In China

With the rapid development of the society,new types of property such as Alipay deposits,online stores,and company options appear constantly,and new issues emerge endlessly.The marital property system faces new challenges.The paper makes a longitudinal comparison and analysis of marriage law and three judicial interpretations by using the method of historical research.This paper analyzes three problems of marital property disputes in judicial practice and sorts out the existing problems of marital property system in China.It deeply analyzes the construction of the marital property system in China,putting forward a series of measures to improve the marital property system.In addition to the introduction and conclusion,this paper is mainly divided into four parts.Part one is the basic theory of marital property system.It defines the concept of marital property system in a broad sense and in a narrow sense.It enumerates the main contents of the marital property system and differentiates the different types of the marital property system.It lays a theoretical foundation for the subsequent discussion of this paper.Part two is the status quo of marital property system in China.It sorts out the relevant provisions of articles 17 to 19 of the marriage law,and comments on the supplementary provisions of marriage law judicial interpretation,by startting from the legislation status of the marital property system.Then,the paper gives a deep interpretation of the hot issues existing in judicial practice.Part three is the problems and reasons of the marital property system in China.It points out the problems in the legal marital property system and the marital agreement property system,etc.The paper trys to provide ideas for the construction of the marital property system in China.Part four is the measures to improve the marital property system in China.It puts forward a series of operable Suggestions,such as clarifying the scope of the marital property,adding special statutory marital property system,and detailling the stipulation of the marital agreement property system.It provides reference for the legislation of the marital property system in China and provides ideas for solving relevant problems in judicial practice.