Research On The System Of Marital Prostitution In My Country

The family is the smallest unit of society.The social attributes of marriage and family determine the life and needs of marriage and family.Nowadays,with the rapid development of The Times,the material conditions are rich,the economic life is diversified,and the social structure is more complex.Therefore,there are new economic demands for the property relationship between husband and wife in marriage.At the same time,in judicial practice,there are frequent cases of husband and wife violating each other's rights and interests.At this time,if the husband and wife do not want to end the marriage,but the law can only stipulate the division of the couple's joint property when the divorce,not only ignoring the actual demands of the husband and wife,but will cause damage to the stability of the relationship between the couple.In order to meet these practical needs,Article 4 of the Judicial Interpretation of Marriage Law(?)has two situations,which stipulates that husband and wife can be allowed to divide the couple's common property within marriage,thus laying a rule foundation for the marital property analysis system in China.However,due to the low legal rank of the judicial interpretation,the narrow application situation,the unclear provisions of the application subject,the vague legal effect and so on,the judicial practice is chaotic,and it can not meet the realistic needs of the marriage relationship,and the protection of the rights and interests of one of the couple is ineffective.The marital analysis system should be an inevitable product of the current era.In France,Germany and Taiwan,there is a complete system of marital analysis system.In 2020,China's Civil Code was promulgated.Article 1066 of the Civil Code established the rule of marital birth analysis in the form of law for the first time,which raised the legal rank and reflected the importance of Chinese lawmakers to marital birth analysis system.However,in terms of content,it still adopts the provisions of Article 4 of the Judicial Interpretation of Marriage Law(?),and lacks provisions of institutional elements such as application situation,application subject and legal effect.In fact,China's exclusive marital property analysis system has not been formed.In view of the above,the author in this three parts of China's marital analysis system to be elaborated.The first part mainly discusses the main theory of marital birth analysis,expounds the source and controversy of the theory of marital birth analysis,which lays the theoretical foundation for the content of this paper.At the same time,this part introduces the legal forms of marital birth analysis system at home and abroad,and analyzes the rules of marital birth analysis in China in the form of comparative law.The second part is an analysis of Article 1066 of the Civil Code,discussing the significance of legalizing the judicial interpretation and the problems existing in the only marital birth analysis rule.The third part,through the analysis of the legislative reference and judicial practice cases of other countries and regions,from the aspects of relevant system elements and supporting systems,puts forward some suggestions on the construction of marital property analysis system in China.Based on the construction of a complete marital property analysis system in China,this paper mainly uses comparative methods and case studies to evaluate the problems in the existing rules,aiming at putting forward countermeasures and suggestions.