On Marital Property System Of Our Country

Marital property system is the legal system to stipulate the property relationship between husband and wife, and it is of most substantive significance in marriage law and has been attached importance to by marriage and family law of most countries worldwide. Marriage Law of our country in effect has stipulated the marital property system, which combines statutory system concerning marital property with contractual property system, but since the provisions on marital property system in Marriage Law are too general and have so many loopholes, they lack of operation-ability. Concerning this, this paper starts with introducing different legislative cases, analyzes different natures of different marital property systems, such as income joint ownership system, general co-ownership system, common-law property system and so on. Through horizontal and historically vertical comparisons on marital property system, this paper expounds the drawbacks existed in marital property system of our country. Based on this, this paper put forward the conception to further perfect marital property system of our country, such as establishing individual property system, adding legality of contractual property system and operation content. Aiming at some new circumstances that appear in judgment practice, we shall make some special treatments to strength its operation ability. Our country shall establish the statutory system concerning marital property with marital property community ownership of postnuptial incomes from labor as the main body, and with the contractual property system as the supplement, and make more definite and systematical provisions on contractual property system. The paper holds that in order to make our legislations for marriage and family more scientific and rational, we shall establish marital reciprocal agent right system with thesupplement of apparent representation system, rationally determine the responsible property of spouse' discharge of debt, and establish the new property disposition system for divorced spouses and special statutory system concerning marital property.