Discussion On The Cognizance And Treatment Of The Community Property

Of the existing marriage law and the Supreme People’s Court of Justice explained furtherimprove the system of marital property. Especially the "Marriage Law of Justice explainedthat" the introduction of more specific provisions of the income attribution spouse personalproperty after marriage, clear the party pre-marital couples to buy housing, married couplesmutual mortgage repayment and apply for registration of property rights property Ownershipof the problem. However, due to the rapid development of social, political, economic, cultural,legal, as a reflection of the social life, it is relative to the complex situation in real life, willstill be there are some shortcomings and loopholes. Such as marital spouse support orassistance from the other diplomas, licenses, and occupational qualifications should beincluded in the scope of jointly owned property does not make specific provisions. Makes injudicial practice, the different co-contracting, leading to the judicial practice of a loss andconfusion, which makes the couple imbalance in the property on the fairness of the legitimateproperty rights can not be fully guaranteed, and a serious impact on family life harmony andeconomic and social development and progress. Therefore, the shortcomings in order tocompensate for the existing marriage law, at still need to study and discussion.The article besides the preface, mainly includes four parts: the different views andreasons of the typical merits Introduction, in this case the focus of controversy, china’slegislative situation Review and assessment of the case, opinions on handling of the case.The first part of the typical merits Introduction. Mainly refers to the jointly ownedproperty identification and processing of a typical case encountered in the specific trialpractice. Including the main facts of the case first and second instance judgment and reasons.The second part is the different views and reasons in this case the focus of controversy.Mainly related to the contents: the main focus of the controversy of the case, different pointsof view and the main reason for the focus of controversy.The third part of china’s legislative situation Review and assessment of the case. Thispart of the core of the paper. Mainly related to the content: china split the jointly ownedproperty of the legislative provisions, case identification and processing of value orientation.The analysis of jointly owned property identification and processing of jointly ownedproperty disputes, such cases in accordance with the provisions of existing law, the how toidentify and deal with, expand the elaborate argument."Marriage judicial interpretation to be sure, the focus is proposed and analyzed one of the spouses in the marital support orassistance from the other diplomas, licenses, and occupational qualifications should not beincluded in the scope of jointly owned property.The fourth part of the case handling advice. The author proposed legislative defects thatexist in this case, analyze the significance of the Perfection of divorce, the economiccompensation system, make recommendations to supplement and improve the legislation, thelast writer to present their views on how to deal with the case.The current "Marriage Law" one of the spouses within marriage does not make specificprovisions for support or assistance from the other diplomas, licenses and professionalqualification certificates. In view of this, I believe that China should learn from foreignadvanced experience, combined with its own national conditions, to improve the relevantlegislation to ensure the people’s court in a legal basis to deal with such issues. The division ofproperty in divorce and further study of the Marriage Law, which has practical significance.