The Study Of Equity Segmentation Issue In Divorce Proceedings

Family is the basic unit of society. With the development of social economy, family property types become more and more abundant, as a result of which, division of property in divorce proceedings has become a hot issue during these years. In recent years, either newly promulgated laws and regulations, judicial interpretations, or academic and practical writing, have been involved in the issue in an increasingly number. The stock equity studied in this article has become one of the main property subject in divorce proceedings with the companysystem becoming more complete and the number of companies increasing. Although divorce dispute and company equity dispute all belong to the traditional civil and commercial disputes causes, which has already been written in a certain number of laws and regulations and also had some ready-made cases, they have different legal relationship, litigation subject, and also different scope of law, for one belongs to the category of civil law, the other category of commercial law. What’s more, the trial process and outcome will directly affect the interests of a third party. Lots of research needs to be done as following:how do we divide stock equity that belongs to the commercial law in the divorce proceedings according to the terms of marriage and family laws and regulations and how do we deal with the mutual relationships considering its social effect.The author, as a grass-roots level judge, deals with a large number of divorce cases every year. Given the actual situation, division of property is still intense which will affect the lives of the parties concerned and their children significantly. I have encountered a few cases involving equity segmentation in divorce lawsuits in the past years. Either because they involve a small company or the shareholder structure is relatively single, they eventually came to conciliation by the parties themselves. Through practice, the author found that the current legislation, judicial explanation or regional guideline about this kind of cases are relatively scarce, so with great interest and fruitful learning results from the law courses of Shandong University, the author decided to choose this research topic in the field of equity division specializing in problems in divorce proceedings, expecting to provide some reference for dealing with such cases.This article is divided into five chapters.The first chapter analyzes the social background of divorce proceedings that involves equity segmentation in two main aspects; The second chapter studies the basic concept of stock equity, with its property nature and divisibility being confirmed; The third chapter analyzes the particularity and difficulties of this case in judicial practice.The fourth chapter lists several common types of these cases, and gives an overview of legislation, briefly stating the deficiency of legislation, and bedding for practical research.Chapter v synthesizes situations of the previous chapters,finds out problems that might be met and proposes feasible solutions to it according to the specific segmentation in trial practice which is the main line of the essay,.The final conclusion part summarizes the entire research results and deficiencies of this essay.