Research On China’s Statutory Marital Property Regime

Marital property is an important part of the civil law system, which hasexperienced from the collectivism to the individualism, and its legislative ideaexperienced from the family-based to individual rights-based legislation philosophy,aiming to expanding trend of individual rights.In China, statutory marital property system is the main legal marital propertysystem and it is widely used in civil law and common law countries. Due to the impactof traditional family values, matrimonial property system development is laggingbehind the developed countries, but with the continuous development of our society andculture, people’s minds have been liberated, on the increasing demands of individualrights. Therefore, in order to comply with the development trend of modern statutorymarital property and adapt to China’s growing economy, the foreign advanced on thebasis of experience, and constantly improve our statutory marital property system. Inthis paper, research methods include theoretical analysis, historical analysis,comparative analysis for studies on several aspects of theoretical basis of statutorymarital property system, the development trend of statutory marital property system andits issues, the legislative principles of statutory marital property system were analyzedand research.This paper is divided into five parts: Firstly, the research background andsignificance, research profile at home and abroad, as well as the main framework of thispaper, as the introduction of this paper, to provide background information for thefollowing studies. Secondly, the analysis of the theoretical basis of marital propertysystem. From the perspective of legal research, exploring the theory of ancient statutorymarital property system and present statutory marital property system, in order toprovide a theoretical basis for research our current statutory marital property system.Again, overview of foreign legislation concerning statutory marital property system. From the perspective of comparative studies, research profile national civil legislationand common law countries relating to matrimonial property system, and analyze theirsimilarities and differences. Provide practical foundation for the study of maritalproperty system. Then, from the perspective of historical research, to explore thedevelopment process of marital property system, and analyzes of marital propertysystem from home-based to rights-based personal development trends. Finally, in thecontext of the above theoretical basis, practical basis, historical basis, and improve ourmarital property system. According to the theory about the development process of theforegoing marital property system, advanced foreign experience of marital propertysystem, to explore our complete marital property system from legislative principles tolegal property systems, discussion on improvement of statutory marital property system.