Article 17 of the new marriage law stipulates that the following property acquired by husband and wife during the marriage relationship belongs to the same property of husband and wife: 1. Wages and bonuses. The term "salary and bonus" here should be understood in a broad sense, generally referring to wage income. At present, the basic salary of employees in China is only a part of personal income. In addition to the basic salary, there are various forms of subsidies, bonuses, benefits, etc., and there is even a certain range of physical distribution. These * * * isomorphisms have become the personal income of employees. Of course, in some modern enterprises or foreign-funded enterprises, there are also a certain proportion of high wages and benefits. 2. Income from production and operation. The "income from production and operation" here includes not only the income from farmers' production and labor, but also the income from production and operation of industries such as industry, service industry and information industry. With the development of market economy, more and more people buy and sell stocks and bonds, invest in companies and enterprises, and many people rely on their own capital or raise funds to set up companies and enterprises. These people become owners of a large amount of capital and have rich operating income. These operating income also belong to the same property of husband and wife. 3. Income from intellectual property rights. Intellectual property is a kind of intellectual achievement right, which is both a kind of property right and a kind of personal right. It has a strong personal nature and cannot be separated from the person. The intellectual property rights acquired by one party after marriage are exclusive to the other party, and the rights are only exercised by the obligee. The author's spouse has no right to sign his works or decide whether the works are published. However, the economic benefits obtained from intellectual property rights belong to the same property of husband and wife, such as the payment for publishing works and the transfer fee for transferring patents, which are owned by husband and wife. 4. Property obtained by inheritance or gift, except for the property determined in the will or gift contract to belong only to the husband or wife. With regard to the property acquired by inheritance, it has been suggested that according to the provisions of China's inheritance law, son-in-law and daughter-in-law are not within the scope of legal heirs. If the property inherited by one party is regarded as the same property of husband and wife, it is equivalent to expanding the scope of legal heirs, which is contrary to the provisions of the inheritance law; Testamentary succession embodies a strong personal will, and the testator designates his property to be inherited by a specific person, which embodies the right to dispose of the property he owns. If the property obtained by one spouse as a result of testamentary succession is regarded as the same property of the husband and wife, it is equivalent to changing the will, which violates the will of the testator and limits his right to dispose of the property freely. Therefore, during the marriage, the property inherited by one spouse should not be regarded as the same property of the husband and wife. 5. Other properties that should be owned by * * *. According to Article 11 of Interpretation of Marriage Law (II), "other property that should be owned by * * *" includes: (1) the income obtained by one party through personal property investment; (2) Housing subsidies and housing accumulation funds actually obtained or should be obtained by both men and women; (3) The pension insurance and bankruptcy resettlement compensation actually obtained or should be obtained by both men and women. Legal objectivity:
Article 162 of the Civil Code of the People's Republic of China, the following property acquired by husband and wife during the marriage relationship is the common property of husband and wife, and belongs to both husband and wife: (1) wages, bonuses and labor remuneration; (2) Income from production, operation and investment; (3) Income from intellectual property rights; (4) Inherited or donated property, except as provided for in Item 3 of Article 163 of this Law; (five) other property that should be owned by * * *. Husband and wife have equal rights to dispose of the same property.