| Since the reform and opening up, economy of China is continues to grow, the people living standard rises stage by stage, China’s economic development is closely linked with the world,but,there is also produced a lot of new problems. In the divorce is:because the investment channel of the plurality of data and the husband and wife property from increase,it is become more and more complex for the marital property relations, the couples divorce, division of property on the contradiction is increasing especially with the popularization of legal knowledge,ordinary people to enhance the awareness of rights, the couples divorce related to marital status property division to produce new contradiction.Marital property system is the system of marriage and family is an important part to perfect the related system, which not only theoretically and perfect the legal system of china, but also made up of china’s law on the practical level, increase of judicial practice in the operation, therefore, perfecting marital property system is very necessary and pressing. In this paper, the author through several practical problems about the marital property relationship produced new research questions, and puts forward related suggestions.The so-called including identity of marital property, refers to one of the spouses for a specific identity, special qualifications obtained and held the property or property benefit. Property relations is essentially the relationship between man and man, man and people between the various identity link, property was a different identity system arrangement, from this perspective, any property may be involved in identity property, but this paper attempts to apply this concept in a narrow range. In this paper, the status of husband of property, under the current law, basically have:1spouse because rural collective organization membership obtained, and be the common property of the couple’s homestead right of use;2spouse because property identity and made intellectual property,3husband and wife one side made of degree, professional licenses the property interests. A specific identity structure in persons on the property have specific ownership, control rights, this paper attempts to explore the relationship in marriage with a special status of qualifications related to property how to break the boundaries of identity structure division of property in a divorce by fair consider. Through the study of Marital split the problems related to the property of their identity, draw on the basis of the corresponding foreign law, the relevant provisions included in the split range from the addition of identity-related property interests, the establishment of a special legal property system, a clear ownership of intellectual property and other areas to improve our divorce split marital property system. |
