Dissertation
Dissertation > Political, legal > Legal > Chinese law > Marriage Law

Matrimonial property system constructed reality Problems

Author WangBinCheng
Tutor SunXiaoPing
School Fudan University
Course Legal
Keywords Community property Legal Property System Agereement Property System Legal right
CLC D923.9
Type Master's thesis
Year 2010
Downloads 172
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Society’s progress and the development, affected the social life aspects, certainly included the conjugal family life, after in 2001 revised "Marriage law",to the former "Marriage law", in the community property system stipulated that on had the big progress, however, legislated always to lag in society’s development, therefore, the present community property system had many improvement spaces, for instance to woman’s legitimate rights and interests protection insufficiency, regarding the legal property system, the agreement property system’s stipulation was unclear, in the gross structure also had the careless mistake, neglected regarding the family work proxy system (joint property management, right of use) design. This article through to the present community property system existence question’s analysis, puts forward the consummation proposal.This article altogether divides into four chapters.Chapter I obtains from the present community property system’s structure, has a preliminary this section of understanding to the present system, altogether divides into two, the first elaboration present community property system’s legislative background, the present community property system, is mainly "Marriage law" and Supreme People’s Court two about the marriage law judicial interpretation, these main system’s releasing was after 2001, was to meet the new century social development need, their legislation value orientation displayed in:First, personal interest and social benefit balanced; Second, civil law idea introduction; Third, respect individual right. The second section analyzes our country present community property system the structure and the present situation, including the legal property system, the husbands and wives specific property system peace treaty decides tChapter II analyzes present community property system existence the question in our country,mainly has several problems, first is in the gross structure question, including first, lacks of the general rule stipulation, second, lacks of the related unusual property system the stipulation. Next is the question which in the legal property system exists, is not explicit including the community property’s scope, as well as living apart period obtains the property ownership is not clear about and so on. Is once more agrees in the property system the question, has three problems; first, the agreement time is not explicit; second, the agreement form important document is not standard; third, the agreement authentication procedure is not explicit. Finally is to woman’s legitimate rights and interests protection insufficiency, mainly manifests in six aspects:1st, lacks to the non visible property stipulation; 2nd, corporation stock, income and so on management, investment not easy judgement.Chapter III through the vertical legal regulation inspection as a whole, as well as introduced that system of Anglo-American law and the Civil law system country as well as our country Taiwan, Hong Kong, with Macao area and so on Australia, France about the community property system’s stipulation, derive the experience, including them stipulated that the expected income, the family service and so on may integrate the community property, as well as establishment quite perfect family work proxy system and so on.Chapter IV proposes that consummates our country present community property system’s suggestion, altogether put forward five aspect proposals:The first aspect is the community property system gross structure consummation, including:1st, the husband and wife agree the right the refinement; 2nd, the husband and wife enjoy the duty which joint property’s right to know as well as informs mutually; 3rd, stipulates the community property establishment, the division basic principle. The second aspect is the consummation legal property system, the measure includes:The addition unusual legal property system, additionally builds the community property and the husbands and wives personal property control system’s concrete provision, supplements the husbands and wives property between the responsibility and the community property compensation request power related concrete provision, additionally builds the community property system. The third aspect, consummates the agreement property system, should include is clear about the agreement the condition, the agreement time stipulated that the agreement authentication procedure, simultaneously allows to change and to abolish the agreement. The fourth aspect is also this article key point, namely strengthens the woman legitimate rights and interests the protection, Should complete following several aspects emphatically:The addition family service takes the community property the stipulation; The non visible property due payment enters the community property division the scope; Strengthens divorces the woman property right the protection. The fifth aspect, establishes the husbands and wives family work proxy system.

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