Divorce Proceedings In Equity Division Law Studies

In recent years, divorce rate is rising in major cities of our country.According to the survey, more than half of the divorce cases are directly or indirectly involved with division of stock right in China’s first-tier cities. The division refers to the company law, the marriage law, securities law etc, and it often affects the rights and interests of others, so it is difficult to settle the cases.At present, most countries have no specific provisions about the joint stock right of spouses and only a handful of countries like France have relevant regulations. There are no special provisions of the stock right division in company law and the marriage law of our country. When dealing with cases on the stock right division, the court usually make decisions based on the company law stock right transferring regulations.The division and transfer of stock right is similar, but they are not exactly the same, so applying the stock right transfer provisions of the company law to the processing equity segmentation problem of husband and wife often forces the court to face difficulties. The author thinks that it is necessary to discusses divorce proceedings in the stock right segmentation problem by combining relevant legal provisions and practical problems. This paper will be divided into four parts, and it starts from problems like shared stock right division, finding the deficiency of the current segmentation methods, putting forward perfect suggestions, in order to do something to help to solve relevant problems.The first part analyzes the concept and characteristics of the joint stock right of spouses. Based on the questions arising from cases and the definition of the relevant concepts, it will further analyze the legal characteristics of the joint stock and so on.The second part defines the scope of the joint stock right of spouses, analyzes the types of the joint right in practice and explains the principles and the method of segmentation of the joint stock.The third part is about the current situation of legislation and the specific method of the joint stock right of spouses. This part introduces relevant provisions of the stock right segmentation and transfer in the marriage law and the company law and makes a comparison between foreign legislations and our country’s legislations. At the same time, this paper introduces the method of different types of stock right segmentation and evaluation.Based on the analysis of the three parts, the fourth part analyzes shortcomings of stock right segmentation in our country find and offers some suggestions to improve segmentation and the procedure of stock right including interfering with the behavior of the joint stock segmentation sanctions, etc.