Research On The System Of The Property Division In Divorce In China

The division of the divorce property is a very tough issue.Both the personalrelation and the property relation may go through some change when the couple wantsa divorce. And it is often the case that the property relation has a more profoundimpact on the couple. Due attention has been paid to the division of the divorceproperty in every country. The theory field in china has also made some research onthe division of the divorce property, mainly on the principle, the methods of division.But a systematic research hasn’t been made yet. Nor is the relevant legislationcomplete. Based on such a fact, this essay aims to put forward some advice on theproblem occurring in the division of the divorce property by making a contrastbetween the relevant theory home and broad.The whole essay can be divided into four parts. The first part is the legalimplication of the system of the property division, mainly about the concepts, thescopes of couple property and divorce property. The second part is a close look on thedivision of the divorce property through comparison. This part can then be dividedinto three sessions: the historical development of the system of the property division,the foreign system of the property division and the worldwide trend. The historicaldevelopment of the system of the property division in china helps us better know thecurrent situation. Then a brief introduction has been made about the system of theproperty division in the condimental law system and the Anglo-American law system.In this way we can have a better idea about the global trend in the concept of thedivision of the divorce property, the form of the divorce property, the protect for theweak party.The third part is the problem existing in the system of the property division andits analysis from two perspectives: the law itself and the legal practice. There isconfrontation in the regulations. The practice is out of line with the legislation. Inlegal practice, there exist some flaws in the definition of the divorce property andcouples’ behavior, the burden of proof and the execution.The fourth part is about the improvement of our system of the property division in divorce in three ways: the legislation, the application and the safeguard measures.In the aspect of the legislation, importance should be attached to the fairness in thesetting the principles and the operability of the regulations. Judicially, the scientificmethod of calculation of the divorce property should be introduced, and attentionshould be paid to the transition of the divorce property among the relatives, thesupervision for the division, and the conversion of the burden of proof. Last but noleast, the complete registration system and the assessment system of the couples’property should be established to guarantee a smooth property settlement.