중국 부부재산제에 관한 고찰 －2011년 중국 혼인법 사법해석(3)에 대한 분석을 중심으로－

Abstract

Marital property system, a system of concerning one country’s problems of couple’s property ownership, it includes a series of problems such as property ownership premarital and marital, settlement of obligations, segmentation of property at the end of marriage. It has changed variously on the system of marital property of China since 1950, when China’s first marriage law was promulgate. the marriage law in 1950 clearly accreditated “general marital property system”. But the regulations is too simple, it couldn’t adjust to the complex judicial practice. The marriage law in 1980 changed “general marital property system” into “common property system in married life”, and introduced the couple’ Contractual Property System, when regulations were quite brief in Contractual Property System. Traditional marriage view and values had changed gradually since the market economic system was established and western capitalist values were introduced into China in 1990s. In this context, the female’s social status improved, economic income increased gradually, and the divorce rate also increased. China’s marriage law was modified in 2001, establishing the current marital property system included with legal property system and Contractual Property System. But there were only 3 regulations concerning the marital property system in the marriage law, recapitulatory and simple. It could’t solve complex marriage dispute. So the Supreme People’s Court established the Interpretation(the 1st)"of the Marriage Law of P. R. C in 2001 and the Interpretation (the 2nd)" of the Marriage Law of P. R. C in 2003. It has become a focus about the protection of personal property in marriage with the increase of the personal property of the citizen in our county. Especially according to the marriage conception of Chinese people, real estate in an essential element of marriage, so the disputes of property are becoming more and more. the Interpretation(the 3rd)" of the marriage Law of P.R.C was established and took effect on Augest 13, 2011, in this context. In the Interpretation(the 3rd)" of the Marriage Law of P. R. C the regulations about property filled up more than half of the whole judicial interpretation. Fist, it regulates that the fructus in marriage and unearned in crement of private property doesn’t belong to marital Property. Second, it regulates the problems of the property right of the house which is bought by both of the parents. Third, it regulates the problems of the property right of the house purchased by premarital mortgage individually. Fourth, in regulates the effect of the house owned by the couple but disposed by either. Finally, it also regulates the right of claim of property division of the couple during the marrage existing period. There exist some defect on logicality and unity though the interpretation of marriage law perfects the curren law on some sides. This thesis mainly in troduces China’s marital property system according to the related regulations in the Interpretation(the 3rd)" of the Marriage Law of P. R. C.