A Study On The Legislation Balance Between Spouse And Third Person Property Right In China

The balance of property rights and interests between spouse and third party is not only related to the harmony and stability of marriage and family,but also related to market order,social stability and market transaction safety.The Marriage Law of our country should be in favor of marriage and social stability,especially should be based on protecting the property rights and interests of spouse in marriage and family.However,due to the deviation of legislator understanding of the legislative purpose of marriage and family,The difference between marriage law and ordinary property law and the fact that the marriage law and its judicial explanation do not set up the system of marital property lead to the imbalance of the legislation on the property rights and interests of spouse and the third party,and the legislative purpose of marriage and family deviates somewhat.The research on how to balance the property rights and interests of spouse with the third party and the protection of transaction security and ownership in China Marriage Law is of great significance.In the discussion of compiling civil code and perfecting civil law system,it is of great theoretical and practical significance to study the balance of property rights and interests between spouse and third party.It provides legislative ideas and suggestions for the perfection of matrimonial property system in the civil code.Through the statistical analysis of the case retrieval in judicial practice,this paper explores the phenomenon of the imbalance of property rights and interests between spouse and the third party,and studies the purpose and significance of the balance of property rights and interests between spouse and third party in China Marriage Law.This paper probes into the necessity and feasibility of the balance of property rights and interests between spouse and third party in China Marriage Law.This paper combs the present situation of the legislative balance of property rights and interests between spouse and the third party in China marriage law,and analyzes the causes of the legislative imbalance of property rights and interests between spouse and the third party and the harmfulness caused by the imbalance.To investigate the positive factors of the balance of property rights and interests between spouse and third party.On this basis,the author puts forward some suggestions on the legislative balance between spouse and third party property rights and interests in China marriage law,clarifies the standards and methods of legislative balance,and puts forward specific legislative suggestions on the manifestation of the imbalance of our marriage law legislation.If it is stipulated that spouse shall bear limited liability when paying off their common debts with personal property,the corresponding rules of proof shall be perfected,the registration and publicity system of the agreed property of spouse shall be established,and the agency system of daily household affairs shall be perfected."proviso" is added to Article 11 of the Marriage Law,which provides for the registration system of marital property,the right to cancel the disposition of joint property of spouse,and the perfection of the right of recovery,To establish the principles and methods for the split of the joint share of spouse,to standardize the registration system of the joint share of spouse and the mechanism for evaluating the value of the equity,and to stipulate the mode of equity transfer after the split of the joint share of The Marriage Law provides for the designated purchase right of the share transfer after the split of the spouse share rights.In order to balance the property rights between spouse and the third party,we should perfect the system and regulation of matrimonial property system in our marriage law.