"Marriage Law Judicial Interpretation (3)" Perspective To Explore The Marital Property System

Marital property system is refers to the norms of husband and wife of the belong-ings before marriage and after marriage property ownership, management, use, income, disposition, the repayment of the debt and marriage when the lift on the split and liquidation legal system of the property.The marital property system in our country have a statutory marital property system and agreed property system of husband and wife and individual three peculiar marital property system.Our country "marriage law" of the three kinds of marital property system have made relevant provision, but the husband and wife common property and individual characteristic property right ownership and division, the provisions of the "marriage law" is not very clear.The supreme people’s court in 2001 and 2001, respectively, in 2011 passed the three about "marriage law" judicial interpretation in the applicable in 2011 by the third judicial interpretation, because this time the content of the judicial interpretation involves the married parents to their children gifts on the ownership of the property, during the duration of the division of property relationship, and the effectiveness of the party without authorization, dispose of the property of husband and wife, once introduced, the judicial interpretation has caused extensive concern of the society from all walks of life and discussion, and even cause some strong criticism of women’s rights groups.With the rapid development of social economy, our country "marriage law" on the existing provisions of the marital property system already cannot satisfy the need of social progress, the "marriage law judicial interpretation (3)" husband and wife relationship in the judicial practice in the new problems in the division of property in solution are put forward, "marriage law judicial interpretation (3)" in the handwriting of couple of common property and personal property rights confirmation and segmen-tation made detailed provisions, not only for the people’s court to dividing marital property in a divorce case lawsuit right verdict has provided a legal basis, but also improve the system of the marital property system in our country.But at the same time, the interpretation of some provisions of the regulations also disputed by different in society.This article attempts through to introduce the current situation of the marital property system in our country, and from the marital property system in our country social value orientation in the process of the development to analyze the influence of the marital property system, points out some problems of the marital property system in our country.Also through to the "marriage law judicial interpretation (3) involved in the analysis and review the content of the marital property system, and points out that" the marriage law interpretation (3) "the deficiency, and further to the marital property system in our country in the future legislation perfect puts forward my own advice.