Research On The Conjugal Surplus System

The conjugal surplus system means that the husband and wife respectively retain the ownership,management,use and limited disposition of their premarital and post-marital property,and when the marriage is terminated,the difference of the value-added property of both husband and wife shall be the remaining property,which shall be shared by both husband and wife.The origin of the conjugal surplus system can be traced back to Sweden in 1920.And then,in 1957,Germany established the conjugal surplus system as the common statutory system of property.In 2002,the common statutory system of property in Taiwan was changed from joint property system to conjugal surplus system.The emergence of the conjugal surplus system reflects the improvement of women’s political status in society and their economic status in the family.The conjugal surplus system not only embodies the idea of equality between men and women in law,but also provides women with the right to manage and dispose their personal property.The conjugal surplus system can solve the problem of property division and property dispute after the termination of marriage,which is the embodiment of the clarity of personal property in modern society and the direction of the future development of family property system in modern society.At present,there are some problems in China’s matrimonial property system,such as: The structure of domestic matrimonial property system is not complete,and some types of matrimonial property regime are missing.The scope of community property is too wide in China’s matrimonial property system.And the balance between protecting the interests of one spouse and protecting the interests of creditors is difficult to grasp.There is no matrimonial property management system and property compensation system.The stipulation of the right to request the economic compensation for divorce is not perfect.In the civil laws of Switzerland,Germany,France and other countries,there are relatively specific and complete matrimonial property management systems and property compensation systems,which are worth learning for us.The choice of matrimonial property system is closely related to the social structure of the country,economic development,cultural tradition and other factors.Our country has been drawing on the legislation of the countries of the civil law system,and there are similarities and differences in the level of economic development,the changes in social structure,the origin of cultural traditions,and the degree of ideological openness between our country and these countries.This leads to the legal matrimonial property system of our country has both similarities and particularities compared with the legislation of these countries.The economic and social development of our country,the awakening of People’s independent consciousness of personality and the superiority of the conjugal surplus system constitute the economic,ideological and institutional basis of the construction of the conjugal surplus system in our country.In the 40 years of rapid development since China’s reform and opening-up,the quality of people’s life has been improving day by day.It makes our country develop from the traditional farming civilization of self-sufficiency to the modern industrial civilization,the agricultural economy transforms to the commercial economy.The growth of wealth has led to a growing emphasis on personal property.The legislative idea of matrimonial property system must conform to the trend of the times and change from family standard to individual standard,which is determined by the historical inevitability of economic and social development.The conjugal surplus system is a kind of matrimonial property system between separate property system and common property system.Its essence is the separate property system.It is the development of these two kinds of conjugal property system,and it covers the advantages of both systems.This paper discusses the advantages of the conjugal surplus system compared with other property systems,and compares the conjugal surplus system in Germany and Switzerland.This paper analyzes the conjugal surplus system in Taiwan,briefly expounds the views of scholars,and analyzes the feasibility of carrying out the conjugal surplus system in the inland of China.When making legislative proposals on the construction of the conjugal surplus system in China,in terms of value orientation,I think the conjugal surplus system can protect the personal property of husband and wife,protect the security of transaction,protect the interests of vulnerable groups,and protect marriage and family.Therefore,based on the legislative function and legislative value of the conjugal surplus system,in order to meet the need of some couples in our country to keep the ownership of their respective property during marriage,I suggest that when establishing the conjugal surplus system,we should proceed from the reality of our country,take into account the basic national conditions of our country,the realistic needs of the people,the basic principles of the constitution and the marriage law,and at the same time pay attention to the protection of personal interests,social interests,the rights of third parties,and the reliability and security of market transactions.For the vulnerable party in the marriage,it is necessary to protect their legitimate interests.On the basis of learning from the experience of mainland law system countries and Taiwan area,we should set the conjugal surplus system as the common statutory system of property,and perfect the structure of matrimonial property system in our country.