Research Of Several Legal Issues Under Community Property Regime

The marriage law system is an important part of our country's civil law system. With the rapid development of society, the marriage law system is perfected gradually but there are still many problems. In particular, the marriage law states that husband and wife share the property. Under the system, there are more or less conflicts between the marriage law system and other law systems. For example, the profit from personal property investment belongs to both husband and wife. The implementation flaw of shareholder's rights is also stated in the marriage law system. How to operate the pension fund if is the common property of husband and wife is stated in the marriage law. The inherited property is shared by husband and wife if the marriage relationship exists. All these regulations are contradictory with other civil and commercial law.The paper first analyzes current marriage property system in China and then uses four chapters to discuss the profit from personal property investment, personal equity issues of Limited Liability Company, pension fund issues and the single party inheritance problems. For the profit from personal property investment, the law states that it belongs to both husband and wife as long as the marriage relationship exists. In practice, it is difficult to determine investment, profit from investment and the time. The law just states that the profit is shared but does not state the share of lost, which violates the principle of reciprocity between obligation and right. For the equity that is in one party name including the specific executed operation, the current court generally does not notify the other party. Instead, the regulations of company law are implemented. For the equity exertion problem, the company law does not state the right of one spouse, which is also not stated in company registration management regulations. Therefore, when husband or wife exerts stockholders'rights, he or she does not need the agreement from the spouse according to the regulations in company law. The company and administration authority also do not need the agreement from the spouse. So behaviors that damage the interest of one spouse often occur. For pension fund, the law states the amount should be the amount that is actually gained or should be gained. The pension fund here is not equal to the paid fee. For people who have reached the retirement age, it is a method that is easy for calculating and dividing. However, for people who have not reached retirement age, calculating the future amount of pension is complicated and the amount of work is substantial. Besides, whether this person can get pension is unknown. Therefore, the regulation is not feasible in practice. The courts divide the amount according to the amount in the private account, which is contradictory the regulations in law. Based on the general rule that husband or wife inherits the legacy of the third party, some people escape inheriting maliciously because the marriage law states that the legacy inherited is shared by husband and wife, which makes the legacy in the name of one-party, damaging the interest of the other one.To solve the conflicts between different types of law, allocate social resources properly and solve the property disputes between couple and the third person, the author holds that the reservation of couple agreement property system and the abolishment of community property will solve the above problems, which will make social property system clearer, the divorce easier and reduce social cost, lawsuit risk and lawsuit pressure.