| Looking overall at the field of marriage and family 20 years of the new changes, new issues, as reflected in the larger property, matrimonial property regimes is an important part of family legislation, which provides a scientific and reasonable direct impact on the legitimate interests of both spouses can be effectively protected. April 28, 2001 meeting of the Standing Committee of the Ninth National People' s Congress" on the amendments to the" Marriage Law, "the decision" on the 1980 marriage law. The revised Marriage Law in the 1980 Marriage Law of Matrimonial Property which the legal property system, and agreed upon property system to amend and improve the situation first increase in the special individual property system and clear of the marital property and personal property unique to the area, the abolition of the unreasonable couple of personal property into the system, the assets of husband and wife more consistent with the right law, increase the property agreed to the legal·status. In their theses presented to the revisit's matrimonial property regimes, the author analyzes the types, our country is now implemented the husband and wife property system structure is a statutory property system, and agreed upon property system, the legal property system has been implemented derived from common system and the separation of assets to the complicated speciation, it continue to adhere to acquired during marriage in common system, through enumerated manner set up a special individual property, has further reduced the husband and wife common estate through reduction of the couple's property in common, the scope of husband and wife personal property rights be confirmed, in order to adapt to the market economy conditions husband and wife property status changes. However, the statutory amendments to the marital property system. there are still some mistakes in the legal property system types, and they must be obtained from common labor system into a common system. Marital property in the statutory structure, the very legal property system should be set up to more effectively protect the rights of marriage. At the appointed property system, the revised Marriage Law acknowledged for the first time that the Family of the value of labor, not only in our spouses property system is a great progress, but in the rest of the world is relatively advanced to the article, however, at present the assets of husband and Legislative Council has not system is not yet perfect, at the scheduled time, the agreement forms, the agreement effectiveness, agreed to the change and so on are not clearly stipulated that all these need legislation to further improve the content. |
