On The Property System Of Husband And Wife In China

Since the foundation of new China, marital property system in our country has experienced a process of constant development and improvement. On April 13, 1950, the fifth session of the third session of the National People's Congress passed the first "marriage law" of our country, this law is based on both the male and the female rights, equal and free for the principle of the marriage, but neglect the importance of marital property, the regulation on both sides of husband and wife before marriage and after marriage property all belong to common property of husband and wife, which established the joint ownership of the marital property system in general. On September 10, 1980 the fifth session of the third session of the standing committee of the National People's Congress in 1950 "marriage law" for the first time correction, the correction have the function of the continuity, "brought forward" embodied in inheriting the statutory marital property system(only applicable to the marital assets, namely for the collective owned) for the marital assets, "and" embodied in the first established the system of couple's agreed property, the law established mainly on the legal property system and agreed property system as supplement of marital property system. On April 28, 2001, the ninth session of the 21 st session of the standing committee of the National People's Congress, according to the principle of "equal rights and obligations of both sides of husband and wife property" and "the principle of protecting the interests of the weak" 1950 "marriage law" for the second revision, the law more detail on both sides of husband and wife before marriage and after marriage property belongs to the clear rules, and established the content of current marital property system in our country, the legal property system and agreed property system, more important is the content of the legal property system, namely the system of common property and personal property unique. Therefore, the content of the marital property system in our country is common property system, individual peculiar property system and agreed property system.With the continuous development of the socialist market economy in our country, and the increasing of people's living standard in China, marital property system in our country is in constant development and improvement. Because the law has the understanding of the hysteresis, lawmakers have limitations, when compared with the case of complicated in real life collision, we find that the rules of the marital property system in our country, there are many "vacuum".Therefore, this thesis will take the current "marriage law" and its judicial interpretation as the research object, in the perspective of marital property relations, by means of succession or recipient with property ownership and property during the period of human capital ownership, separation of ownership and the system of couple's agreed property four aspects of research in China, in order to more in-depth understanding of the "marriage law" in our country, and provides the corresponding suggestion, in order to improve the marital property system in our country.This paper has four components(except for the introduction), specific as follows: The first part, expounds the meaning of the marital property system; For a detailed description of the characteristics of the marital property system in our country, including the main body of the specificity and time, content of statutory, not for the equivalent paid; Analyze the principle of the legislation of marital property system in China, including convention over the statutory principle, property rights and obligations, the principle of equality, the principle of protecting the interests of the weak, both husband and wife legal property rights and the interests of the third person.The second part, the main content of the three for marital property system in our country is analyzed. One common property system including salary bonuses and benefits of production and management, intellectual property rights, inheritance or donation income with the proceeds of property and other property shall be jointly owned; Specific property system including personal property in before marriage, physical damage income compensation, be heir or donative person made it clear that the property owned by one party, a party dedicated supplies, and other circumstances; The content of the agreement property system is the effective condition, type, legal effect.The third part, mainly analyzes the four issues, namely the inheritance or the property of the recipient and the question of whether or not to belong to the common property of husband and wife, the problem of human capital ownership, problems during the separation of property ownership and the problem of husband and wife agreed property system in our country.The fourth part, mainly for the four aspects of problems in the third part to make corresponding Suggestions, advice: namely inheritance or donated property belongs to the private property of husband and wife in principle; Add the content of the human capital in the specific provisions, establish human capital allocation mechanism; Establishing the system of separation of husband and wife, set up the very property system of husband and wife; To establish a freestyle marital property agreement system, specify the appointed time and effect of belongings of husband and wife time, specific property of husband and wife agreed procedures, make clear a regulation change in the marital property agreement with the cancellation procedure.