| Dividing property in divorce proceedings is a hot disputes and the copyright which is the double attribute is the property of the representatives. The judicial precedents in the legal guidelines not yet resolved the doubts and difficulties. According to statistics in 2009 China's civil affairs department registered couples divorce 1,713,000 pairs of the previous year grew by 10.3%,9.1% higher than for marriage registration rate of growth. With the divorce rate of growth, related to the problem of equitable division of property in divorce has been widespread attention. In the knowledge economy, people own property increasingly complex, no longer limited to traditional property types. Precisely the existence of these problems makes difficult for the parties to defend their legitimate rights and interests. I proceed on these issues for aiming to analyze the crux of the problem and propose a solution.This paper describes two separate case of copyright on the divorce proceedings and designed to lead to the bone of contention.Then, the next leads to the relevant legal issues by the case. In the first case to define the key terms and work on pre-marital and marital property rights, ownership, copyright and expectations vested interests and the "appropriate care" principle of the interests of copyright. Then, elaborated on the above-depth analysis of legal issues. I think that split on copyright issues in divorce proceedings, not only involves the "Copyright Law", also the "Marriage Law". I analyze that the copyright on the contribution of one spouse, divorced women rights and copyright protection of the stage and so on.Finally, I propose a complete divorce proceedings copyright segmentation measures. After the analysis of the views and combined with the legal issue. I propose four measures:establish divorce proceedings in the assessment of the copyright system, perfect marriage and the marriage of the copyright of the difference between domestic labor compensation system and improvement of work to establish a system of property rights. |
