| According to <on divorce law draft> by Marx,the legislation should respect the nature of things and be a reflection of the people’s will.What’s more,it should implement the principle of democracy and science.Although the marriage law is a reflection of the rapid development of the commercial society, and to some extent represents the will of the majority people, but it violates the essence of marriage seriously,it is the product of extreme individualism.Marx believed that legislators should take marriage as an ethical system, the marriage relationship is a kind of ethical relationship essentially.In a marriage,the couple is the community of marriage,life and interest.So the legislator should put sacrifice and dedication as the guiding ideology of legislation,and should not be too much emphasis on individualism from the theory and the law.Similarly,the marital property system of our country shall be set up in the service of the nature and the purpose of the marriage. Under the guidance of the theory,the article tries to start from the basic theory of marital property system,trace the track of development of the marital property system in our country and the comparative study of marital property system in different countries, and combines with the analysis of the current legislative situation of the marital property system,to construct a property system both conforming to China’s national conditions and follow the nature of marriage.Part one:An introduction to the concept and the basic theory of the marital property system.At first,it introduces the concept and the content of the marital property system,then carries on the analysis according to the nature and the appropriate to the various historical periods of different types of marital property system of legislation.And then focuses on the analysis of the legislative principles on marital property system and hopes to explore the development regularity of the legislation of the matrimonial property system,lying the historical basis for perfecting the legislation of marital property system.Part two:The legislative analysis of the status of the marital property system.First of all, according to the trace of the marital property system before and after the the founding of new China, it analyses the changes from the legislative mode,statutory property system and agreed property.And then focuses on the analysis of the shortcomings of the current legislation,from the overall structure,including the lack of regulation and the very property system;from the point of view of the statutory property system, not only the defects of putting more weight on substance than procedure,but also many disputes in the scope of the common property and the unique property system;from the point of view of the agreed property system,however,the time and the effect is not clear enough,and lacks the publicity confrontation procedure in the content,what’s more,the contents of the contract requirements is not specific enough.Part three: This part is the comparative study of the marital property system.Through the study of the marital property system of the United Kingdom and the United States,Japan,Germany and France in different historical periods,in the hope that learning the essence of the legislation of the countries on the basis of the present situation of our country and the legislation habits,to make our marital property system more perfect.Part four:This is the key part of the article.suggestions are put forward deeply from three aspects,the overall structure, the statutory property system and the agreed property system.In terms of the overall structure, increasing the General provisions and very property regimes, and making the legislative system more systematic by adjusting the structure.In the statutory property system, the main is to improve the system of the common property and the unique property system.In the agreed property system,the main is to make the agreed time and effect clear,to make the publicity confrontation procedure clear,and to make the contents of the agreement more specific. |
