关于婚姻法修正案夫妻财产立法的若干问题评析

An Analysis and a Comment on the Issues about the Legislation of Estaes by the Entirety in the Amendment of the Marriage Law

我国现行婚姻法关于夫妻财产关系的立法存有诸多不足之处 ,婚姻法修正案对之进行了若干补充和修正。但在夫妻共同财产和个人财产的范围上 ,仍有一些财产的归属认定不清 ,另外 ,在夫妻约定财产制 ,夫妻共同财产管理等问题上 ,立法也尚有缺陷。

There has been inadepuacy in the legal provision about estate of entirety in current Chinas Marriane Law.Therefore,the “Amendment of marriage Law”has made some supplementary terms and amendments in this respect.Still,there exist some blurst in the rabge of estate by the entirety and the belonging of the personal estates.In addition,there are some defects in the legislation of how to manage estates by the entirety,and the property established by husband and wife.This article intends to analyze these issues and put forward some ideas for improvent.