The Research Of Marital Property System

As the basic unit of human society, marriage and family exist as the essential foundation for the stable and sound development of the society. There is no doubt that the maintenance of the stability for marriage and family takes a special place in marriage and family laws at any time. When men and women are connected by marriage, what come into being are the rights and obligations between them, that is, personal relation and property relation. There into, personal relation between husband and wife is the predominant one, reflecting the major features in marriage. Even though the property relation in marriage is caused by and attached to the personal relation, the property relation is also of importance. For a family, marital property is taken as the material base; for the other side, it will guarantee the transaction security between a family and other persons. Therefore, the study about martial property system becomes the focus in every country. China will be no exception. Beginning with the basic theories about martial property system, the thesis introduces the present martial property system in China, points out the potential problems and shortages and provides some suggestions on its legalization with the expectation of the improvement of martial property system in China.The thesis is divided into four parts.The first part is the basic theories of martial property system. The definition, significance and different types about martial property system will be introduced, providing the theoretical basis for the thesis.The second part analyses the present martial property system in China, including the three legislation activities from 1949 until now. It also relates the basic constituent of the present martial property system in China.The third part presents the potential problems and shortages on its legalization of the present martial property system in China.The last part offers suggestions to perfect the martial property system in China.