The Judicial Interpretation Changes Of Marital Property Regime In China And Solutions

Marital family as the basic unit of society acts a vital role in social production and social life. The Marriage Law as the part of the Civil Law in China, it adjusts the personal relationship and the property in the field of marriage and family relations.Husband and wife property relationship, which is based on personal relations of husband and wife, in turn, their property relationship is the foundation of marital family. Marital property regime plays an very important role in internal and external adjustment of marital family property dispute: it is the important material foundation for the guarantee of marital steadiness. Marital property regime with the dual nature adjusts the marital property relation and personal relation, so marital property regime has different concepts and principles of legislation and plays an key role in dealing with marriage and family disputes. The development of society and changing of marriage attitude has caused a certain degree of influence on people understanding of marriage and the marital property disputes. Marital property regime as the important specification guides people to deal with property relation properly and guides judicial workers dealing with marital property disputes, so it has to change to adapt to the new demand of society and new problems so that marital propert regime could improve and perfect gradually. Marriage Law in China has been through a few successful legislative activities and the judicial interpretations in response to social reality changes, but it is far from adoption to the great changes of marital property and marriage values. And in recent years there are many problems during the application of the enacted judicial interpretations of Marriage Law in judicial trail,such as the conflicts with marriage legislation, legislative trendency of judicial interpretation, marriage ethical weakened and the judicial interpretations out of practical operation. Thus the marital property regime of Marriage Law needs to be perfected. In order to adapt to the social reality, Supreme People’s Court has enacted judicial interpretation for complicated divoce cases, but it seems not enough.This paper comparatively analyzes on judicial rules of marital property regimein three enacted judicial interpretations of Marriage Law, and summes up the judicial changes of marital property regime including determination changes and division changes of marital property regime. To summe up the judicial changes of marital property, we can analyze on the reasons for these changes including the economic factors which determines the superstructure, the social factors which influences the social functions of marital family and the cultural factors which influences family moral ethics. And then commentary and analysis on the judicial changes of marital property regime: firstly the judicial interpretaions out of Marriage Law and legislative trendency, secondly the scope of personal property expaned and the trendency of personal property rights embodyed, it is also the embodiment of marital family ethics weakened and excessive development of individualism; thirdly judicial interpretations out of practical operation, such as legislation flaws of the expectable interest of intellectual property rights, determination for the ownership of marriage earning from the premarital property. With the development and perfect of marriage legislation, judicial workers have taken significant initiatives in the family trial reform. By the comparative analysis on the changes of judicial interpretations and commentary on the flaws, this paper puts forward a sound proposal from legislation and judicial interpretations repectively.