The Research On Common Property Of Husband And Wife Marital Separation System

On July 4,2011, the Supreme People’s Court of the people’s Republic of China announced the several problems of the "the people’s Republic of China Marriage Law" the interpretation (Ⅲ) "and the judicial interpretation established the joint property of husband and wife in marriage segmentation system. With the continuous development of China’s social and economic development, China’s people’s living standards are also constantly improving.The joint property of husband and wife in the material property has been the emergence of various types, so couples in divorce segmentation of common property, is not only related to the ordinary housing and savings, also appeared in the home labor, intellectual property and other new types of property.This system makes the division of the common property of the couple become more complex, and the traditional theory of the common property of husband and wife has also had a huge impact. At the same time, the marital property of the common property of the division system has a more specific and realistic significance, for the domestic judicial practice has a significant guiding significance.But the relevant laws and regulations of the country still have many shortcomings and defects, some of the provisions of the operation is obviously insufficient.This paper hope that through to China’s current "marriage law" and related judicial interpretations on the analysis of the joint property of husband and wife in marriage system of the division, focusing on analysis of the problems and defects existing in the legislation, judicature and practice the system, and puts forward corresponding suggestions.This article is mainly composed of four parts.The first part is about the related concepts and basic theories about the marriage of the common property of husband and wife.Including the concept, characteristics, function of the system’s function, the related legislative interpretation and the significance and value of the relevant legislation of our country.The second part is the analysis of the marital property in our country, the problem of marital separation system. Which involves the legislative level, the judicial level and the consequences of these problems.The third part is the introduction and comparison of other countries or regions on the marital property division related practices and its reference value.The fourth part puts forward some suggestions and measures to improve the common property system of our country.