The Research Of Domestic Marital Property Division

The matrimonial regime in our country is based on community property system. For a longtime, the matrimonial property can be segmented only if spousal relationship ends. With the development of social economy and increasing matrimonial property, the legislative blank of marital property division has been highly focused all this time. The released Judicial Interpretation III to Marital Law made a breakthrough to marital property division in our country. Article4regulated that the marital community property could be segmented without ending spousal relationship under two cases. This interpretation’s coming out has relatively made up the legislative blank of marital property division in our country. However, it is far from satisfactory due to complicated real conditions. In order to solve such problems, some experience abroad using special property regulation could be taken for reference. Therefore, combining practical situation and needs, the marital special property division regime in accordance with our national situation could be established to remedy the insufficiency.The essay could be divided into3parts except introduction and conclusion:Part1briefly discusses domestic martial community property regime and analyze why the martial property cannot be segmented under current regime. Combined with examples, this part shows due to insufficient relative legislation, a lot of problems concerning martial property segmentation cannot be solved within judicial practices. Hence, it raised that the relative legislation should be accomplished to provide law foundation for solving martial property segmentation.Part2introduces special property system in foreign countries, and analyze the legislation foundation of some model countries including German, France and Swiss and similar and differences from perspective of application, right of claim, aiming at providing some references to legislation of matrimonial regime of our country.Part3raises some legislation suggestions of matrimonial regime in terms of application condition, starting mode, right of claim and force of law after fully analyzing the foreign legislation features and combining with the real condition of our country.