| Matrimonial property system is an important property system of the marriage and family relations and the component part of the social property.It is not only the marriage and family life of the normal operation of the material guarantee,but also affects the interests of the third party and the safety of social transactions.As husband and wife at the core of marriage and family relations and other than social relationships,which is the essence of ethical relationships,marriage and family law should not be separated from its essential attributes.In the family life,especially in the modern family life,family relationship between ethics and independence of the marital property there is a certain amount of alternative,will inevitably produce a certain amount of conflict and contradiction between the two.Therefore,when formulating relevant laws and regulations of the marital property issues,you should consider the impact of ethics to the Marriage Law,will rise some of the ethical requirements for the law to make it full of humanism care.Current legislation and judicial practice of the marital property system in China should also fully consider the ethical features of the Marriage and Family Law in the protection of couples personal property interests of the community of interests should also focus on the family.On China’s contemporary judicial practice of the marital property plays a key role in the interpretation(III)of marriage law embodies values is too much emphasis on personal interests,causing the imbalance between marriage and family groups and individual values,once it is introduced it caused great controversy and discussion.Legislative perfection of marital property system in China must be on the basis of marriage and family ethics investigation and realistic conditions,retain the original ethical,marriage and family status of the feature.This helps to promote independence and equality of husband and wife personality,maintaining harmony of marriage,also contributed to the construction of a harmonious and stable society.Therefore,research on the ethical basis of marital property system for the improvement of marital property system has an important theoretical value and practical significance.In this thesis,comparative analysis,case explanation and analysis on the specific legal provision are applied.This thesis includes four parts besides introduction and conclusion.In the first part is the concept of matrimonial property regime,mainly for property and characteristic analysis of the concept of marital property.From a macro understanding of matrimonial property regimes,in order to better understand the contents described below.In the second part,discusses the ethical base of conjugal property system.Marriage and family relations are different from other social relationships,its essence is ethical relationships,marriage and family law in the rule-making should not be separated from its nature.Family relationships and marital property There are some degree of mutual exclusivity between independent,so inevitably produces a certain amount of conflict and contradiction between the two.So legislators develop laws to matrimonial property legislation,taking into account the influence of ethics on marriage laws,should make part of ethics requirements into law: the moral law.In the third part,to interpret the Interpretation(III)of Marriage Law,through the analysis of marital property system in our country and development trend of study on marital property system in our country,and the marriage law to explain(c)review the changes brought about by,put forward their own proposals.In the forth part,discusses the legislative proposals to perfect the system as to marital property.According to the above demonstrates the trend of marital property system in our country and its values,academic of academia on marital property system in Chinese mainland and foreign countries and China’s Taiwan and Hong Kong Advanced concepts and specific system of matrimonial property,values,ethical basis,legislative frameworks,improve three aspects of marital property system in our country. |
