Research On My Country's Husband And Wife Contracted Property System

The completion of any legal system is not accomplished in a single step,but constantly improved according to the country's own traditional culture and economic development stage to make it compatible with its own time.China's husband and wife agreed property system is also in line with this principle.Property is the economic basis for a family's normal operation,and the husband and wife agreed property system is an effective way to adjust the distribution of property.With the rapid economic development of our country today,the total amount of family and individuals' s property are increasing,and public awareness of safeguarding the rights and interests of personal property is growing,thus it is particularly important to formulate and improve the system of agreed property between husband and wife in our country.In particular,on January 18 th 2018,the Supreme People's Court of China promulgated and implemented "the Supreme People's Court on recognition of the common debt between husband and wife" in which the common debt of husband and wife and the debt after marriage of one party are more clearly stipulated,showing that our country attaches importance to the problems relating to marital property.Therefore,this paper makes a deep research on the concept and the present legislative situation in China of marital agreed property system.Referring to the provisions of other major countries in the world,and aiming at the deficiency of the current marital agreed property system in China,this paper puts forward some useful suggestions,with a view to perfecting the current marital agreed property system in China.The first part describes the concept,types and the current legislation of the marital agreed property system in detail to lay a foundation for further understanding and perfecting it.The second part elaborates and the analyzes the present stipulation of the marital agreed property system in China,selects Germany and France of the civil law system and the United States and the United Kingdom of the common law system,and makes a systematic analysis and comparison of the existing marital agreed property system in the above four countries,in case to find out what we can localize.The third part is to elaborate shortcomings existing in the contractual property system of husband and wife in our country.Through the comparison with the relevant laws of other countries and the problems exposed in the judicial practice of our country,the article deeply analyzes the problems in several aspects,such as general provisions,subject,time,content,form,effectiveness,change and revocation,to provide an accurate goal for the subsequent improvement advice.The fourth part provides with suggestions of how to consummate the legislation of contractual property system in our country.This part aims at the problems of the contractual property system in the above article,combines the research of other legal system countries,and puts forward perfect suggestions to make the system to adapt to the country's traditional culture and current economic stage,in the hope for making a modest contribution to the perfection of the contractual property system in our country and the enactment of "Civil Code".