New Legislative Changes In Marital Property Regime From The Perspective Of The Interpretation â…¢ Of The Marriage Law

Supreme People’s Court on Several Issues interpretation applies (People’sRepublic of China Marriage Law III)(hereinafter referred to as the Marriage Lawinterpretation III) The introduction in the community sparked widespread concern, hotconstantly. Explain the three before the introduction, in practice, there are a lot ofproperty in a couple areas of the law was more vague or have not specificallyprovided for in point, marriage is explained in three long-awaited this background, thefield of controversy for many of the Marriage Law questions made clear that in orderto meet the needs of the social market economy, to do some of the problems identifieda new interpretation, so that the existing marriage law with greater maneuverability ofthe marital property regime had a significant impact.Interpretation of the text of a total of19three-marriage law, of which aboutmarital property regime of the relevant law had twelve, twelve of which interpretationis embodied this year to matrimonial property regimes hot issues in practice. Twelveof the new changes in this field of law of marital property system gives highlights thetrend of recent years, the field of marital property regime of legislation and socialdevelopment needs.Based on the interpretation of the Marriage Law of the Third twelve combingthe relevant provisions of the matrimonial property regime through the introduction ofits background, the legislative basis for the introduction of other aspects of meaningeach analysis, interpretation of the Marriage Law summed up in three property regimeembodied in the law of matrimonial property The new change regime. Which involvesmarital property regime had twelve, and the development of this second article of all manifestations of the trend of China’s development in recent years of marital propertyregime, is a concentrated expression of legislative changes in recent years, maritalproperty regime, the direction of, but also reflect the social trends. Its weakening ofthe common property system, emphasizing labor income, marital relations to promotethe economic, personal independence, and so changes in the concept of having amilestone in the legislative process of the marital property.This a article divided into a total of five parts.The first part is an introduction, this chapter introduces the study of maritalproperty regime change the background, significance, etc., and domestic and foreignmatrimonial property system and the research literature marriage law interpretation ofthe general situation made three brief.The second and third part of the definition of marital property regime, history, currentsituation and other aspects of the legislation of the matrimonial property regime didelaborate.The fourth part from the development background of "Marriage explain three"twelve of the property law system, based on the significance of other aspects of thelaw of one analysis, and interpretation of the Marriage Law summed up in about threeto four new matrimonial property regime highlights new changes.The fifth part, the author proposes a new interpretation of the Marriage Law changesin marital property regime involved three personal views and assessment, a briefreview of the "Marriage Law interpretation of the three" reasonable and limitations.