A Study On The System Of Marital Property In China

Marital property system which is also named marriageable property system is a law system of adjusting and regulating the relations of marital property. It is an important part of marriageable family system, and it also plays an important role of family members in harmony, social stability and harmonious.In recent years, with the rapid economic development, social material life has been greatly enriched and improved, social structure rapid differentiation, interest present diversification trend, and with people’s self consciousness gradually awakening, the attitude people treat marriage and emotion is increasingly diversified.In this case, marital property system in China is difficult to adapt to the complex reality of family relations and the marital property relations. Released in2011,"the interpretation of several issues (three) in the Supreme People’s Court on the application of ’marriage law of the people’s Republics" is also debated fiercely for marital property system in the legal science and ordinary people.This paper analyzes the conflicts in the marriage law by studying marriage essence theory and the theory of marital property system. Through the matrimonial property system of the countries compared, the paper reveals the shortcoming of the system in China, and gives advanced suggestions.The thesis is divided into three parts, preface, text and conclusionThe first chapter of the text analyzes the basic principle of the marital property system, and the theory of nature of marriage, including the concept of marriage and the schools of theory, a clear understanding of marital property, the concept and types of the marital property system, at the same time, reviews the development history of marital property system in China.The second chapter aims to analyze the marital property system behind the legal value of contradiction, especially the property relations of equality and difference, individual value and the values of family conflict, through the analysis of the relevant judicial interpretations that relates to the marital property system of legal value conflict and choice. This chapter also sums up the problems that the transition period of marital property system faced with.The third chapter is the marital property system of countries comparative study. Relating to the statutory property system of the continental law system and Anglo-American law system, arranging property system and individual property system, summarizes the similarities and differences between countries in the marital property system and the development of marital property system, and points out the reference that perfects the marital property system of our country.The fourth chapter puts forward suggestions and measures that perfect marital property system of our country. On the base of summarizing the dissertation, this part elaborated necessity and the importance of the marital property system, pointed out the lack of martial property system in our country, and further perfect marital property system of our country by learning from foreign legislative experience...