The History of the Marital Property System in China:the Progressive Realization of the Principle of Equality
|School||Sichuan Normal University|
|Course||Constitutional and Administrative Law|
|Keywords||The equality of men and women Marital property system Veryproperty system Appointed property system|
Gender equality is not only a fundamental principle of our marriagelegislation is a basic national policy of the country and the pursuit of the noble-valuetargets. After the founding of New China, the ideology of equality between men andwomen carried out in the Constitution, the Marriage Law, and as a matter of principle,which prescribes. Equality between men and women is not just the political status ofequality, including equality of economic status, rights and obligations of marriage andthe family. But whether it is from the legislative or practical point of view, there is stillsome shortcomings. Obviously important as a symbol of the principle of equalitybetween men and women and insufficient protection of property, equality between menand women constitutional values exist in formal. The equality of the spouses is animportant manifestation of equality between men and women and equality betweenhusband and wife on the property relations of equality between men and women is animportant material foundation and safeguard. The implementation of the principle ofequality between men and women really also need to further improve the system ofmatrimonial property. In this paper, the historical context of the development andchanges of matrimonial property regime after the founding of New China to sort out theanalysis of its rules and characteristics of the development and Analysis of foreignadvanced matrimonial property system, pointed out that the lack of MatrimonialProperty in achieving gender equality, and on this basis the perfecting marital propertysystem to protect gender equality fully realized humble opinion.The article of four parts.Part I: basic understanding. This section defines the meaning of gender equalityand marital property system, combing the Origin and Development of Western thoughtand of equality between men and women, pointed out the importance of marital property system to achieve equality between the sexes, the part of the theoretical basisof this article.Part II: gender equality principle in the "marriage" in the evolution of maritalproperty regime. The use of historical analysis that part of the1950Marriage Act, the1980Marriage Act,2001"Marriage Law"(amendment), and2001-2011Marriage Lawjudicial interpretation of the marital property regime, the formation of the socialbackground to sort out and reflect the principle of equality between women and men ina more detailed Analysis.Part III: matrimonial property system in the existing marriage law to achievegender equality gaps. This part of the deficiencies of our current marriage law issummarized and analyzed, and prepared the way for the presentation of suggestions forimprovement.Part IV: perfect matrimonial property system in order to protect the full realizationof the recommendations of the equality between men and women. This section ofMatrimonial Property shortcomings perfect proposals is an important manifestation ofthis value.