The Legislative Research On Constructing The System Of The Right To Know The Common Property Of Husband And Wife In My Countr

After the establishment of the marriage relationship,the husband and wife enjoy the right to know the information related to the common property based on the special status relationship,so as to harmonize the relationship between husband and wife,reduce disputes and ensure the perfection of the family.But in judicial practice,inability to grasp the side of marital property information,the other side' property rights are damaged in divorce cases,which happen often,the court intended to seek justice channels to solve the related problems,but because there are no specific provisions in the legislation in our country,also no concept of common property right of husband and wife,as well as the lack of detail,letting the court appear in ambiguous situation in dealing with problems,processing results are burdened on fairness,the parties' legitimate rights and interests are also difficult to really get ensuring.However,it can not be blamed on the court,which highlights the lack of legislation on the right to know the property of the couple and the judicial embarrassment.Under normal circumstances,citizens in the marriage life gather the income of the family together,for the family daily expenses;at this time,the discussion of the right to know the property is not very meaningful,and it will not get the desired results and instead will hurt the feelings of the couple.However,once the marriage appears the awful condition,went on the road of the lawsuit divorce,when needs to divide the husband and wife's common property,the numerous property disputes will arise from this.In judicial practice,there are many acts of concealing,transferring and privately selling the joint property of husband and wife.If the other party does not know about these acts,it cannot timely take measures to reduce its own losses and safeguard its legitimate rights and interests.To put it in the least way,if both husband and wife can have a clear understanding of each other's property status during the duration of their marriage,there will be no property disputes during the divorce and the problem can be solved at the source.Therefore,the establishment of the right to know system of the couple's joint property has a positive judicial and social significance,but the specific legislation and operation still need to learn from foreign experience and combine with the actual situation of our country to continue to be supplemented and improved.This paper is guided by practicality and efficiency.In the first part,the author briefly explains the concept of the right to know about the couple's common property,so that readers can have a corresponding understanding of the background of this paper.The second part tries to analyze the necessity of establishing the system of the right to know of the couple's joint property so that it can highlight the importance of the system.The third part,based on the reality,it analyzes and summarizes the problems and challenges in establishing the system.The fourth part,aiming at the problems and challenges of the establishment of the system,the author will propose specific legislative suggestions,hoping to provide specific methods to resolve disputes in practice and make some contributions to the construction of the system of the right to know the couple's joint property.