Legal Growth Perspective Four Cross-strait Dividing Marital Property Comparative Study

In late nineteenth Century, the society in United States of America is in transition,and is changing dramatically. Before the law was applicable to the agricultural society, ithas been unable to meet the rapidly changing needs of society. Legal formalism prevailed inthe temporary were assailed in the United States of America. Respected legal pragmatismof Cardoso is based on pragmatism, to adapt to social change law growth theory. Cardoso’sopinion is that the law must be stable, but, in the face of a changing society, disjointedsituation will appear between law and society. Therefore, the law cannot be static, it is alegal requirement for growth. Cardoso’s law of growth theory is the legal theory ofpragmatism. Although the experience of common law countries the law of growth, but as akind of pragmatism, it is worthy of our reference.The present Chinese society is in a period of social transition of hitherto unknown, thesociety is undergoing changes that can turn the world upside down, with the improvementof people’s living standard, the marital property development has become a complicatedand diversified trend. Due to the complication and diversification, marital property resultedin the division of property in a divorce, and that became the most dispute between parties.Even though China revised the "marriage law" in2001, on December272001, the SupremePeople’s court promulgated the "on the application (the marriage law of the people’sRepublic of China) interpretation of several issues (a)", but still cannot adapt to variety ofmarital property relationship and complex. In2004and2011, the Supreme People’s Courtpromulgated the "marriage law judicial interpretation (two) and the marriage law judicialinterpretation (three)". Despite the fact that not only was there was a new marriage law,judicial interpretation of relevant provisions, the divorce property division was perfect, butthe reality of life was still complex, facing the fast development of the social economy, thelaw always lags and is in a "vacuum zone". Therefore, this paper selected segmentation ofresearch on issues relating to the property on divorce and the legal system in order tofurther improve couple divorces’property division.Being an important part of the marriage relationship between social relations andsocial life, the content is very extensive. Along with the continuous development of society,the improvement of living conditions, changes in ideology and culture; marriage and familyrelations are also in constant development and change. This requires an ideal marriage andfamily law to reinforce a steady and stable development of marriage, family life and society.At the same time, with the change and development of the adjustment object of the law of marriage and family, it needs to be improved, in order to meet the social development andchanges in demand. However, the growth of the law perfection is a gradual process, it isinfluenced by the social and economic conditions, traditional culture, political system andmoral habits and other relevant institutional factors. This article from the legal growthperspective, used the historical and comparative analyzing method, stated the growthprocess focus on the analysis of the Chinese people under the regime of the division ofproperty in the divorce system, also the comparison of the system of division of property indivorce in Hong Kong and Taiwan, and lastly the impact of divorce property divisionfactors and legal growth theory system division system of property in divorce in Chinaenlightenment.