Study On The Perfection Of Legal Matrimonial Property System In China

The matrimonial property system is a legal system to regulate the property relationship between husband and wife,an important part of the marriage and family law,and an indispensable part of the whole social property legal system.Marital property system is not only closely related to the property rights and obligations between husband and wife,but also affects the harmony and stability of the whole family,and even affects the legitimate rights and interests of the third party and the safety of civil transactions.China's current marriage law system is mainly composed of the 2001 Marriage Law(Amendment).And the three interpretations of the Marriage Law promulgated by the Supreme People's Court,which established a matrimonial property system in which the statutory matrimonial property system and the contractual matrimonial properties system are parallel,and stipulated that the statutory matrimonial properties system should be applied when the husband and wife do not have an agreement or when the agreement is unclear.Affected by China's national conditions and traditional ideology and culture,the situation of marital property system agreed by the parties of marriage is less,so in practice,the application of statutory marital property system is more common.The current marriage law adopts the legal matrimonial property system of joint income system,which stipulates that the property acquired by one or both husband and wife during the period of marriage shall be the joint property of the husband and wife unless the two parties agree or the law clearly stipulates that the property is owned by one of the husband and wife individually.The establishment of the common system of married income is determined by the current level of productivity in China,and is deeply influenced by the traditional culture and the concept of conjugal oneness in China.At the same time,it conforms to the legislative value orientation of marriage that protects the interests of the weak,maintains the stability of the family,and strives to balance the interests of individuals,families and society.The current legal matrimonial property system includes the definition of the scope of matrimonial property,the property rights of husband and wife,the identification and repayment of the joint debts of husband and wife and the division of the joint property,which plays an important role in adjusting the property rights and obligations of husband and wife and maintaining the stability of marriage and family.However,based on the reflection of judicial practice,there are still many deficiencies in the system construction of the statutory marital property system in China.In the legislative system,compared with other civil law countries,there is no systematic marital property system.In the specific content: Firstly,thedefinition of the scope of matrimonial property caused controversy,there are unreasonable and unfair provisions on the ownership of expected interests of intellectual property rights,the ownership of the fruits of one party's personal property after marriage,and the ownership of property inherited or donated by husband and wife;Secondly,the content of the property rights of husband and wife is too general,the current "Marriage Law" is not comprehensive on the provisions of the common property rights of husband and wife,and there is no mention of personal property rights;Thirdly,There is a new dilemma in the marital debt system,in terms of the characterization of the joint debt of husband and wife,the identification rules are not uniform,the latest "New Interpretation of Marital Debt" has a new dilemma in judicial application,and the relevant supporting rules are also missing;In terms of the rules of joint debt settlement,the joint debt is simply equated with joint and several debt,which leads to the neglect of the establishment of the rules of joint debt settlement;Fourthly,there is a lack of very legal property system provisions.On the other hand,China has formed the embryonic form of the very legal property system,which can be said that the construction of the very legal property system is necessary and feasible.In view of the above-mentioned legislative defects of the statutory matrimonial property regime,this paper,based on the relevant legislation of civil law countries and starting from the situation of our country,puts forward legislative proposals to improve the statutory matrimonial property regime in our country: Firstly,to build a systematic matrimonial regime from the legislative model,legislative style,legislative technology and other aspects;Secondly,the "property rights to the time" and "husband and wife to help" as a clear range of marital property that elements;Thirdly,Perfecting the administrative division of power of the couple's right to common property,not only establishing the management system of the couple's common property,but also restricting the disposition right of one spouse to important property;Fourthly,clarify the standard and liquidation rules of joint debt between husband and wife;Fifthly,by studying the non-statutory property system in France,Germany,Switzerland and other countries,this paper puts forward some legislative Suggestions on the construction of non-statutory property system in China.