The Couple's Joint Property Division Of Divorce

With the development of social life and the strong growth of the level of human life, people's property becomes more and more abundant, and also husband and wife's property becomes complicated and various. In judicial practice, there have been lots of problems for the partition lf community property, especially under divorce. The complicacy of the partition of community property has a great effect on the traditional theory of the partition of community property, which leads to the adjustment and supplement of relevant laws and rules. However, there are still intractable problems of community property under divorce. By the analytical method and the induction method, analyzing the partition of community property under the current Chinese Marriage Law, this paper is about to find its disadvantages and give corresponding measures for revision.The paper takes the division of marital joint property of our country as primary research subject. PartⅠ—Introduce our country's Family Law and related Judicial Interpretation and learn the boundary of common property, principle of division and partition method. PartⅡ—The legislation of division of common property in German, Africa and America. In this Part, the domain of common property, the principal, the methods and the effectiveness of the division of common property in civil law country -German, Africa and common law country -America are introduced. This part also appraises the difference of the legislation of the two countries. PartⅢ—The lawmaking blemish of division common property. Researching the lawmaking of abroad, introspect our country's lawmaking and point out the blemish of common property, principle of division and parting method. PartⅣ—The suggestions of consummating the legislation. This part focus on the limitations of legislation and puts forward the suggestions of consummating the legislation. Revise affirming and dividing intellectual property. Point out the unfair and shortage of current law through a case. And I think, intellectual property interests should be acquired when the owning spouse expends the necessary effort and not When they are actually received.