The Principle Of Autonomy Of Will Among Marital Property

As an important part of civil law, the Marriage Law has a long history and after years’development, the content of the Marriage Law has a unique point, which is its family ethics property. So personal relationship has an important position in the Marriage Law, but during the development of society, the relationship of marital property has drawn more and more attention these years.These years, property problem increased in marriage dissensions. According to statistics, in 2010, divorce cases are totally 1164521 across the country and 24676 cases are refer to marital property problem. During the increase of marital property problem, the relationship of marital property has becoming a hot research point in the Marriage Law. However, the power of public right is limited in facing the property problem. It is unrealistic to deal the marital property problem only rely on the law. Therefore, the principle of autonomy of will, which is an important principle of civil law, should take an important role in dealing with marital property problem.The principle of autonomy of will is mainly used in contracts, and to use to the Marriage Law, it should be used more flexible and varied. In our country, the Marriage Law provides three basic types of marital property. They are the legal marital property system, the peculiar marital property system and the agreed marital property system. No matter to the citizen’s marriage lives, judicial officials’dissensions settle or the law learners and researchers’ research of the Marriage Law, it is important to stick with the principle of autonomy of will among the marital property. The agreed marital property system is based on the principle of autonomy of will. It fully demonstrated the great role of the principle of autonomy of will in settling marital property problems. However, the agreed marital property system is still a fresh thing in our country, and it badly needs development and perfection. So the research of the principle of autonomy of will among marital property has become the key of the system’s progress.This article is based on the principle of autonomy of will among the marital property. After investigating the history and meaning of principle of autonomy of will among the marital property, the writer intend to find the problems of current marital property system and then find a way to develop and perfect the marital property system.