Study On Statutory Matrimonial Property Regime Of China

The definition of the statutory matrimonial property regime is that if married spouses do not make a stipulation on property before and after marriage, or, when the stipulation is invalid, the law regulation will be applicable. Therefore, it is also called "complementary matrimonial property regime" in some countries.17, 18,19 items of amended "Marriage Law "which was enacted on April, 2001 in China points out that Chinese matrimonial property regime is a double-track system which includes statutory matrimonial property regime and stipulated property regime . That means, if there is property stipulation between privies, the stipulation will be valid; or the law regulation will be applicable. In China, spouses are not willing to stipulate property due to the following reasons: the level of productivity is low, people's earning and fortune are limited, traditional marriage conception is still most influential in people's mind, especially those people who live in countryside, though people's subjective consciousness are increasing. These factors also determine that the matrimonial property regime should consider about the state condition, nationality and regionally. Therefore, emphasizing statutory matrimonial property regime and taking stipulated property regime as the complimentarity is accordant with the pluralization of family economy, unbalanced development of regional economy and the discrepancy which existed between cities and countryside such as traditional ideas, culture quality and economic conditions.Basic theories and content of statutory matrimonial property regime were introduced in this paper. Some shortages which existed in Chinese statutory matrimonial property regime were analyzed and some suggestions which could perfect the regime were put forward, too.This paper added up to about 40000 words and was divided into three chapters.General theories of matrimonial property regime were discussed in chapter I . The concept and nature of matrimonial property regime were clarified in section one at first. Section two introduced the classification and content of matrimonial propertyregime from different angles. The historical development of Chinese matrimonial property regime was introduced briefly in section three.Chapter II was about the content of Chinese current statutory matrimonial property regime. The concept of the statutory matrimonial property regime and its implementing meaning were introduced in section one. And the content of married couple's community of property and peculiar property were briefly researched in section two and section three.Chapter III, the focal point of this paper, was about the shortages and suggestions of Chinese current statutory matrimonial property regime . The shortages of Chinese current statutory matrimonial property regime were pointed out in this chapter firstly, which included: from the view of whole frame of the system, there was only common statutory matrimonial property regime but no unusual statutory property regime ; lacking of putative community of property and the stipulation of couples' peculiar property's register and management, etc. The dissidence to the attribution of several properties were proposed in this paper and some of the attributions of income after marriage which were enumerated in new marriage law were discussed later. Meanwhile, aim at these shortages, suggestions of perfecting statutory matrimonial property regime were put forward in this paper.