Study On Improvement Of The System Of Marital Property Division In Marriage

With the development of society and economy, an increasing number of jointly owned property disputes, people jointly owned property division of marital demand for more and more. However, our current "Marriage" provides a non-matrimonial property shall be divided by agreement or divorce. "Property Law" Article 99 and "Marriage judicial interpretation(c)" on page 4 of the introduction of jointly owned marital property division issues made groundbreaking provisions. However, the current lack of law itself, as applicable narrow circumstances, subject scope and legal effect of the application is not clear and so on. Lack of judicial practice specific, uniform legal basis, leading to marital property division cases jointly deal with in different ways, and there is a conflict with the applicable divorce property division system. Existing legal provisions in solving disputes and can not fully play its due role. In order to deal with new problems arise in real life, new situations and solve marital property disputes, marital property rights to protect and safeguard the stability of marriage and family, to protect third party transaction security, it is necessary to improve legislation in the country jointly owned marital property division system.Through systematic analysis, comparative analysis, empirical analysis and other research methods within the legislative division of marital property jointly conduct research to improve the system. Firstly, the concept and characteristics of marital division of jointly owned property regime. Secondly, analyze legislation and judicial practice in the status quo of China’s jointly owned marital property division system, and pointed out the problems. Finally, the necessity of improving the division of property jointly owned marital legislation system, and draws mainly on cases of extra-territorial legislation, France, Germany, Switzerland, Taiwan, China, etc., on the basis of the actual situation in our country, we propose author legislative proposals to improve the division of property jointly owned marital system.