Research On The System Of Community Property Of Husband And Wife In China

China is a big country with thousands of years of cultural heritage.The traditional "couple-in-one" thinking is deeply rooted.Affected by the traditional "family co-finance" view,people are not accustomed to adopting an agreed-upon method to regulate matrimonial property,or adopting a separate matrimonial property system,but prefer to adopt a joint property system,so China's marriage and family legislation This system is placed at the top of the legislative choice and is defined as the legal matrimonial property system.This article is divided into four parts.The first part argues that in the future legislation,the husband and wife joint property system should still be adhered to as the legal matrimonial property system in China,and the common system of post-marriage income is advocated.The common system of post-marriage income in China is in line with national conditions,legislative value orientation and public will.The legislative style of the joint property of husband and wife continues to apply the exemplary method.The second part is the identification of the joint property of husband and wife,which is the core content of the joint property system of husband and wife.The definition of the common property of husband and wife needs to consider the time and the elements of “couple and husband”.When a spouse acquires the property of the other party for inheritance or gift by the husband and wife,it shall be recognized as the joint property of the spouse.The property interests generated by the husband and wife in the creation of intellectual property rights under the joint efforts of husband and wife belong to the joint property of the husband and wife.The third part focuses on the husband and wife's right to dispose of the common property.Through the definition of the disposition right,the author discusses the effectiveness of the spouse's unauthorized disposition,and puts forward suggestions on the improvement of the husband and wife joint property disposition legislation.The fourth part is the research on the division of common property between husband and wife in our country.In the current law,there are problems such as imperfect regulations on the scope of joint property division,what kind of property system is not clear after division,and the lack of validity on property division.Propose correspondinglegislative improvement suggestions.