Exceptional Marital Property System Research

The couples property system,that is,the couples ownership system before and after marriage and marital property is clearly defined,and the ownership,division,management,use,income and disposition of the property of both sides are expressly expressed.For a long time,there are huge shortcomings in the handling of the relationship between couples property,people pay more attention on the normal state,but always ignored the abnormal state.Since the reform and opening up,China’s economic development are growing rapidly,civil transaction activities started a substantial increase,the species and quantity in couples property continued to increase.In western countries,they have already established equal,independent and free ideas in marital relations,but as to current situation in our country,we can not fully deal with the problems of complexity,infringement and security in marriage property system.Therefore,it is very important to build and improve the abnormal couples property system.When a property division is based on the premise that the marriage is not relieved,the couples or a specific third party shall make a change in the common or agreed property system under the conditions prescribed by the laws and regulations.In this paper,the author analyzes the construction of the abnormal couples property system in our country,in order to give reference to the establishment and perfection of the corresponding system in China.The concrete ideas is as follows: The first step is to start with the real case,using the case analysis method to study the problems in marital tort claims,then to find out the fatalities of the couples property system in China,and explain the basic theory of the abnormal couples property system,covering its definition,characteristics,nature,legal basis,varieties and so on.The second step is to use the method of text analysis and comparative analysis to study the abnormal couples property system of France,Germany,Switzerland,Italy and Taiwan.We stared our analysis from the system type,the applicant,the adaptation situation,the legal effect and the failure procedure.In the third step,we used the value analysis method to systematically discuss the abnormal couples property system.Under the legal purpose of power relief and "fairness,freedom and equality",to solve problems of the maintenance of personal property rights,couples interests,the system integrity,the relationship stability,the transactions safety,the interests of foreign related marriages and other issues.At present,China’s economic development are growing rapidly,material wealth are increasing,too.Many couples are no longer hold the traditional concept of marriage and family,and because of the continuous improvement of the legal system,with the frequent use of judicial procedures and foreign legal experience and other factors,it promoted our the construction process of abnormal couples property system in China effectively.The fourth step,based on China’s national conditions,we learned from the essence of foreign systems as our own use,to create the abnormal couples property system in line with China’s future development and construction.The construction and perfection of the couples property system is the inevitable requirement of China’s economic development.On the one hand,it can supplement and optimize the current couples property system in China,and effectively regulate the couples property relationship,safeguard the transactions security;on the other hand,economic development is the inevitable trend of China’s progress,because of the idea of citizens and the legal background are more mature,it has provided a good external environment for our abnormal couples property system.In summary,to make abnormal couples property system as the key content of China’s development and to meet the standard requirements,it is also the hot and inevitable trend now.