On Comfirmation And Solution Of Infringement Of Common Propety Rights Of Couples

As China's social development and people's material and cultural living standards, the content of property between husband and wife relationship, scope and the object of great changes have taken place, the couple's property appeares the trend of diversified and the complexity, management and disposition disputes of a couple's common property is also increasing. One party does not fulfill the statutory obligations, infringement of the legitimate rights and interests of the other spouse is bound to result in infringement of the other party. in 2001 year, the amended Article 46 of the Marriage Law established a system of divorce damages compensation, but whether the violations in the relationship between husband and wife within marriage can claim for damages or not is not clearly defined. encroaching on spouses's Common property rights indeed exists, although it is not universal, but with objectivity, and lack of relevant legal system cause marriage property rights which has damage should not receive relief. In a sense, the establishment of the couple common property system of compensation for damage is an important step not only for the protection of fundamental human rights, improving our country legislation in the marriage and the maintenance of the home and a harmonious and stable society.This article to use the method of putting forward questions, analyzing problems and solving questions and through a comprehensive and comparative study comb problems in confirm and deal with this question in judicial practice and make an analysis of relevant legislation and its lack of legislation for the conjugal property damages compensation of infringement of couple's common property rights .on the basis of the experience of other countries the author puts forward suggestions for improving this damages compensation system.This article consists of three cases of infringement of couple's common property rights, which raises the question of property rights, through the analysis of these practical questions arising in the administration of justice , the author puts forward the legislation advice. In addition to the introduction and conclusion, This article is divided into three parts:The first part puts forward the problem. This section consists of three related cases arising dispute about infringement of couple's common property rights in the judicial practice and the academic sector whether it is an infringement that one part deal with the Common property? whether one part should hold legally responsible ? What legal liabilities should be held when there is infringement of couple's common property rights ?The second part writes an overview of the common property and infringement of couple's common property rights of husband and wife .Make sure What is a couple's common property and their characteristics ,and the concept of common property rights, characteristics and expressions.The third part identifies the infringement of common property and constructive thoughts. This section of the thesis are important, and in view of the problem reflected in the case put forward the solution. First of all, this article defines common property rights action under the circumstances in which it is thought as an infringement by answering the concept of common property rights and constitute elements is to determine under what the circumstances that should of an infringement action .Secondly, why it should of an infringement action. On the basis of the dispute, this article discusses the necessity of undertaking responsibility. Finally the author puts forward the advice in the situation that people have specific property of individuals, people without personal property and other unique circumstances that responsible for the manner described in detail. in specific methods in the proposed use of civil liability, additional statutory great property, the establishment of debt certificates, and the addition of the special account set up day-to-day family agent the right to limit the infringement side of the property disposition in order to protect the rights and interests of parties has been infringed.