On The Statutory Marital Property System

When spouses have not reached an agreement on property relations pre-marriage and post-marriage, or their property agreement is invalid statutory matrimonial property system should apply to matrimonial property regimes of course. Statutory matrimonial property regime has the pivotal position in the marriage law because the majority of people are weak of awareness about the marriage contract with the property affected by the traditional impact. Not only the Statutory matrimonial property regime affects the couples'benefits, but also affects the domesticity's operation smoothly and the society's development. So the Statutory matrimonial property regime is the focus of the marriage law. Marriage law which was enacted on April 2001 in China makes significant adjustments to statutory matrimonial property regime. Especially it affirms the peculiar property of husband and wife .But it cannot be denied that the existing marriage law is too abstract, lack of interoperability and no integrity of the legal system. This paper includes the introduction of the basic theories and the content about statutory matrimonial property regime in China. Some defects in China's existing marriage law were analyzed and some proposals making the regime perfect were put forward.