Study on Marital Property System in China
|Keywords||marital property system the legal property system agreed propertysystem property system consummation|
Marital property system is an important system of《marriage law》 in our country.It plays an important role for building a harmonious family relations, maintaining a stable marriage life, safeguarding the legitimate rights and interests of family members. Law relating to marital property, therefore, has a pivotal position.Each period, each country of the marital property system, is to a certain extent, political system and national economic development level, social status, history and culture and folk custom, etc. On August13,2011, the supreme people’s court《on the applicable of the explanation of some issues of<marriage law of the People’s Republic of China>(3)》 effected, which caused quite a stir in society and the scholars on the issue of marital property, the public debate.In this paper, first the concept of marital property system and classification in this paper, from the perspective of jurisprudence, explores the legal source of the marital property system, analyzed the our country since the founding of the marital property system and the various periods of the development process of the marriage legislation and judicial interpretation to the effects of current marital property system in our country.Writing most of the second analyzes the legislative status of current marital property system in China, especially 《the marriage law》 interpretation of (3) the progress of and problems that are not addressed by the reality of a good groundwork for legislative proposals.Part at the end of the article in the comprehensive analysis of the shortcomings of the marital property system in our country, to enlarge the view of academia and practice questions about marital property, the western continental law system country and our country Taiwan area in the marital property legislation for reference, put forward improvement Suggestions, in order for the perfection of the marital property system in our country contribution meager strength.