The Study Of Community Property

With the development of socialist market economy, family wealth become more, people's material level improve and the people's spiritual world is also increasingly enriched. Compared to the traditional matrimonial property, the form, the content and the values of matrimonial property have been obviously transformed. In real life, it is pervasive that common property has been presented more complicated and multiple.Many families have not only considerable tangible property, but also intangible property such as intellectual property rights, human capital and some expected economic benefits. Because the complexity and diversity, the blank provisions of existing in this law, so the couple intangible property in the matrimonial property division in divorce proceedings the parties to become the most controversial part. Although in 2001 in China, "Family Law"(1980) was amended, the Supreme Court has released "Interpretation of Several Issues (1)" and "Interpretation of Several Issues (2)" But the law as a reflection of social life, it is relative to the real-life complex situations arise, there will still be lagging behind or "vacuum." This paper on the issue of community intangible property initiate that achieve the further improvement of the law. This basic idea is the practices of judicial exist in real life and controversial issues and relevant judicial interpretation of the study, focusing on the community intellectual property and intangible assets of human capital issues.Besides the introduction and epilogue, it is divided into four chapters. Introduction of this article briefly introduces the research background and research the meaning of the disputed issue of marital property. Chapter one is divided on typical case of Community intangible property, mainly the basic description of the case.Chapter two is part of the basic theory, an overview on matrimonial property, introducing the definition of matrimonial property, intangible property, the division of community intangible property. Chapter three is community intangible property together in a detailed analysis of intellectual property issues and put forward a sound proposal. First, whether the intellectual property was found. And it attributes to a detailed description. Then analyzes the expected intellectual property rights. Finally, put forward a proposal of intellectual property division. Chapter four is Community intangible Property together human capital issues in a detailed analysis, and put forward a sound proposal. First, from the human capital in the modern state of matrimonial property was introduced.Second it's necessary to set of human capital into the scope of to Community Intangible property. Finally, bring forward tangible Property in human capital by improving the proposed legislation.