Study On Legal Issues Of Engagement Property

Marriage which is a system of traditional society is widely practiced, with the development of the times, gender equality, freedom of marriage dissemination of ideas, after the founding of New China, the party and the country from the system abolished the marriage system, since the enactment of the founding of marriage law and judicial interpretation of the marriage Law, it did not provide for the institution of marriage, and marriage is prohibited to obtain property or business was established in the course of the marriage. But the marriage was established during the parties pay each other based on voluntary property is not prohibited and social life, marriage is not a necessary procedure to conclude the marriage has become the consensus, the development status of the property to pay the marriage customs and marriage on the contrary, with the improvement of people’s living standard economy, the value of marriage and the form of payment of the property higher and higher. To adapt to changes in social life, the Supreme Court issued judicial interpretation in concluding the process of disposal "bride price" of marriage has been stipulated. In 2013, the newly revised "the provisions of civil cause of action", the marriage specifically listed property disputes a cause of action. These changes recognize the growing public awareness of legal marriage and marital property disputes concluded during the current reality, but the lack of legal provisions lead to different courts, different judges similar to marriage referee property disputes are not consistent, nor even different. Academic study of marriage more prosperous, relatively poor research on marriage property. Most of the limited engagement on Legislation, and social realities in the comparison study of marriage is upside down. To this end, the author uses literature survey, case study research methods, comparative analysis; several parts of the legal issues of property marriage depth study, with a view to disposal of the substantive departments provide advice on marriage property cases, while prosperous marriage property legal research disputes.In the first part of this article define the concept of marriage property features elaborate on marriage property; depending on the type of marriage property distinguishing criteria were defined. In the second part of the legal nature of marriage property was studied. Sort of academic views, respectively, assessment, while I put forward their views, from the existing law and civil law theory that the legal nature of marriage is a gift of property attached to the entry into force conditions. In the third part of the marriage property system were compared and analyzed mainly from the historical evolution and the legal nature of the historical evolution of modern marriage and traditional marriage property detail combing, analysis, and property-related concept of modern marriage to distinguish. In the fourth part of the existing law marriage property from the early days of reform and opening up and the relevant provisions of the existing law to sort out, but from the substantive law, procedural law, in theory, point out shortcomings of the current legal regulations exist. Put forward a sound legal regulation of property marriage proposals in the fifth part. Including a clear engagement scope and application of the principle of property, marriage property litigation clear body, clear evidence that standard and burden of proof, the return of the property to determine the circumstances of marriage and the proportion of the standard, and proposed marriage situation and the corresponding proportion of the return of property standards.