On The Right To Know Property Between Husband And Wife And Its Protection In Civil Law

The right to know first existed as a right in the field of public law.With the improvement of social informatization and the continuous awakening of civic consciousness,the extension and connotation of the right to know have been continuously expanded,and the right to know in the field of private law has become the focus of people's growing concern.The right to know between husband and wife is the extension and embodiment of the right to know of private law in the field of marriage and family.Scholars' researches on the right to know in the field of marital relationship mainly focus on the balance between the right to know and the right to privacy between husband and wife.The right to know the property between husband and wife is an important embodiment of the right to know in the field of marital relationship.It is the right of both husband and wife to know the source,scope and form of family property during the period of marriage.Due to the particularity of marital relationship,both husband and wife enjoy the right to know and understand the family property.In practice,one party's property rights and interests are damaged due to the ignorance of the couple's property.Although China's marriage law and judicial interpretation provide a remedy for the transfer and concealment of the couple's joint property,the premise of the remedy is to know the existence of the infringement.In addition,the "marriage law" provisions of husband and wife common property system is the legal property system in our country,the both sides of husband and wife of common property management,dispose of the rights,but management,dispose of the premise is to understand the status of the common property,visible marital property right to safeguard the rights and interests of marital property,marital property disputes has important significance.Some local legislation in China took the lead in exploring the right to know about the property between husband and wife in an innovative way,but due to the low level,limited scope of application,relatively simple provisions and other reasons,there are still some practical difficulties in the implementation process.This article uses the historical analysis,comparative research,case analysis and other research methods,scholars at home and abroad for reference,on the basis of research results,summarized our country local legislation on marital property right innovation exploration,national legislation of marital property right and its guarantee related innovative Suggestions: national legislation should be clear between husbandand wife property right,add to the marital property,establishing the system of both sides of husband and wife property query,husband and wife premarital property listing system,adopts a reporting system for divorce of husband and wife property such as effective ways to protect the marital property right to know.In addition,it is necessary to strengthen the legal remedy for the right to know about the property between the husband and wife,clarify the constitutive requirements of the infringement and assume legal liabilities,so as to balance the rights and obligations of both husband and wife,improve the system of common property between husband and wife,and maintain the stability of marriage and family.