Comparative Study On Marital Property System Between China And Australia

Marital property system defines the property relationship between the couple. It is the legal protection for family and society. Marital property system has the characters of property law and personal status law. The marital property system is related to the equality of the spouse and the harmonious of the marital family and also related to the security of trade and the interest of the third party in modern times, so it occupies important position in family legislation. The Family Law Act in Australia is a relative perfect law, and marital property system has been stipulated in detail in it. Australian judicial agency has some special and practical practices to handle the marital property relation. However, in China, the marital property system still has some defects. Although, the Matrimonial Law formulated in 2001 makes some advance in the marital property system than before, it also exists shortcomings and need to be perfected. In judicial practice, there are many problems need to be solved. Thus, in this paper, the author by comparative method of study systemically makes research on the marital property system of China and Australia. Basing on the enlightenment of Australian marital property system to China and the analysis to the defects of our marital property system, the author puts forward the legislation suggestions of perfecting China's marital property system. This paper is about 35,000 words long. Excluding the preface and conclusion, it consists of four parts. The main contents are:Part one systemically introduces and analyzes Australian marital property system. This part elaborates the basic status of Australian marital property system from the aspects of history and the forms and contents of marital property system, and marital property proceedings under Family Law Act. Australian marital property system passed three stages. The promulgation of the Family Law Act symbolizes this system's relative perfection. Australian marital property system includes legal property system (separation-property regime) and contractual property system. The Family Law Act prescribes that spouse property proceedings must belong to "matrimonial cause". This part also studies two kinds of specific regimes which adjust spouse property relationship: declaration of property interests and alteration of property interests.Part two broadly discusses Chinese marital property system. This part has three aspects. First, it summarizes the development of Chinese marital property system. Before and after the founding of PRC, our martial property system experienced different development. Second, it elaborates the forms and contents of our present marital property system, and specially discusses the contents of present legal property system and contractual property system. Last, the part summarizes the legislation and practice of property division when the spouses divorce and it consists of principles of division, methods of division, debts' repayment, economical compensation and economical help.Part three compares the marital property system of China and Australia and gives some enlightenment of Australian marital property system to China. Basing on the first two parts, this part compares our marital property system with Australia's and says the same aspects and diversities between them. By comparison and analysis, we get some enlightenment from the advanced legislation and practice of Australia.Part four is some law thought for perfecting our marital property system. This part analyzes the defects of our marital property system and profits from the Australian advanced legislation and practice, then it puts forward the legislation suggestion for perfecting our marital property system: the Matrimonial Law should increase the contents of general rule and perfect the extent of spouse common property and perfect the provisions of contractual property system and stipulate the special methods of property division and provide the consideration of homemakers and parents' contributions.