Analysis Divorce Division Of Property Legal System

With the development of market economy, the living standards of people have been enhanced. Compared with the traditional common property, the content and the values of common property have been obviously transformed. In true-life, it is pervasive that common property has been presented pluralistic. Many families have not only considerable tangible assets, but also intangible assets such as stockings, copyrights, and expected interests. On the one hand, these unceasing properties enrich the types of common property, on the other hand, because of the complexity and multiplicity of these properties, which bring the illegibility of the character of common property. Moreover, because of the division of these properties related to Corporation Law, Intellectual Property Law, which lead to the conflict of department law. Besides, in reality, the division of common property deals with the disposal of common liabilities. How to protect the creditor profits is the new problem we have to face. The complexities of common property leading to the great impact on traditional legislation of the division of common property, which make Family Law have had to be adjusted and supplied. Though Family Law(1980) was modified and Judicial Interpretation(2001) was put in force, these legislation and Judicial Interpretation(2001) were not fit for the pluralistic and complication of common property. Therefore, on 4,1,2004 Judicial Interpretation(2004) was put in force. It consummated the legislation of the division of common property. What is more, it defined the scope of personal property and common property, the protection of creditor. Yet, legislation is the reflection of real life, it presented limitation all the same. Therefore, this article explores the legislation of the division of common property, so that realize the consummate of legislation. Besides introduction, this article includes five parts, about forty thousands words. At first, the article introduces the new problems of the division of common property, appraises the legislations of civil law country——Russia, Africa and common Law country——America. In theend, the article puts forward the suggestions of consummating the legislation.The article totally is divided into five parts, roughly 40,000 words. Introduction In this part, some backgrounds of research upon the issue of the division of common property are introduced simply. The author is writing construction is also stated.PartⅠ——Introduce our country's Family Law and related Judicial Interpretationand learn the boundary of common property, principle of division and partition method.PartⅡ——The legislation of division of common property in Russia, Africa andAmerica. 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 _Russia, 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. Researchingthe 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 onthe 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.