중국 부부 약정재산제의 현황과 문제점 및 개선 방향

Abstract

In accordance with Marriage Law of the People's Republic of China, marital property system consists of community property system of postnuptial income, the system of personal peculiar property, and contractual property system. China is a traditional country based on Confucian philosophy, which indicates that premarital agreements about husband-and-wife property goes against the national mood. Therefore, for a long time, its utilization rate is not satisfactory. In recent years, with the rapid development of China's economy,the property of husband and wife has been continuously increasing, coupled with the rise of divorce rate, there is a stronger individualism - oriented tendency to deal with property relations. Although the marital property relationship has the value and right of an independent individual, it also possesses the features and quality of a community. Marital property system, which takes these features into consideration, is introduced for reasonable and equal coordination of property relationship between husband and wife. This paper studies the current marital property system in a systematic way, reviews its use and existing problems, and proposes the countermeasures including the legislation theory about the marital property system.