Research On The Definition Of Marital Personal Property In Legal Property System

Since the 1980 s,our society has been in a rapid transformation.The traditional family in the field of marriage and family is also rapidly disintegrating and bringing about the disintegration of family wealth.The separation of husband and wife's personal property and husband and wife's common property is becoming increasingly obvious.The definition of husband and wife's personal property is in urgent need of laws and other supporting measures to keep pace with the times.The development of husband and wife's personal property is the vane of the progress of the modern husband and wife's property system.The perfection of the definition system of husband and wife's personal property also represents the maturity and meticulous of the legislation of husband and wife's property relationship.The highlight of individual spirit and independent personality in the modern family makes both husband and wife put forward higher requirements for the protection of personal property rights and interests in the marriage relationship in the legal property system shared by both parties after marriage,among which the reasonable definition of personal property of husband and wife is the most important one to protect the personal property rights and interests of husband and wife.The newly issued? Civil Code of the People's Republic of China? has not yet responded to the problems related to the definition of the personal property of husband and wife.It is still of great theoretical and practical significance to study the definition of the personal property of husband and wife to think about the value concept of the legislation on the property relationship between husband and wife from the point of view of personal property,to protect the rights and interests of both husband and wife,to promote the independence and equality of personality of both sides,to resolve the property disputes of husband and wife and to perfect the property system of husband and wife.This paper is divided into four parts,the first part is summary of the definition of personal property of husband and wife under the legal property system.It mainly introduces the concept of the husband and wife's personal property,and the legal basis of the definition of the husband and wife's personal property Based on the development and evolution of the personal property system of husband and wife and the analysis of the current law,this paper explores the legal basis from three levels.The second part is about the existing problems in defining the personal property of husband and wife,mainly from two aspects of legislative concept and legal content.First of all,in terms of the legislative concept,it analyzes the dilemma of the conflict between the value of property law and the value of identity law in defining the personal property of husband and wife,and the problem that the value orientation of marriage law and judicial interpretation is not unified in defining the personal property.Secondly,in terms of legislative content,it points out that there are defects in the enumerated legislation of Article 18 of the marriage law,which defines the personal property of husband and wife,as well as the improper recognition of the income of personal property after marriage.So far,all the issues focused on in this paper are discussed.The third part is mainly for the reference of foreign legislation experience.It divides the definition of husband and wife's personal property into two aspects: the scope of legal property and the income of personal property after marriage to draw lessons from foreign mature legislation,mainly referring to the United Kingdom,the United States,South Korea,France,Germany and Italy and other countries.The fourth part is the reflection of the definition of husband and wife's personal property in our country.This part mainly puts forward four suggestions: defining the legislative idea of husband and wife's personal property clearly,perfecting the property scope of legal husband and wife's personal property,establishing reasonable rules for the distribution of personal property income and making the catalogue of husband and wife's property.