Study On Legal Problems Of Intangible Property Division In Divorce Case

Supreme People’s court has published three judicial interpretations on applying of the Marriage Law that was published in 1980. The rules of couples’ property division are becoming mature and perfect. Property disputes generate a fair share of marriage cases. The law has established a mature criterion of property division about corporeal property, such as marketable securities. With the development of economics, the forms of property became varied, and intellectual property rights appeared as a kind of intangible property. In legislative documents, it lacks the rules of intangible property division, and the current institutions are difficult to apply,that is without division criterion, division patterns and assessment standard. The phenomenon is easy to cause marriage cases of same type which has different judgment, leading to intangible property division faces big challenge.The current law institutions cannot adapt to age. In order to solve the intangible property division in marriage cases in effect, it is necessary to perfect legislation and establish the division system of intangible property. The article is based on our domestic condition, referring to the foreign legislative demonstration and analyzing the intangible property division of marriage cases in our country through contrastive study and empirical study, and proposes the advices on completion of intangible property division institutions in marriage cases.The article is consist of three parts which are divided into four chapters.The first part is the instruction of intangible property, which is the chapter one. It includes the contents and types of intangible property, in order to prepare for the following issues of intangible property division in marriage cases. The second part is the present situation of couples’ intangible property division, which is the chapter two and chapter three. The chapter two disserts author’s opinion through analyzing our domestic legislation and demonstration of intangible property division. The chapter three is about the extra-region country’s intangible property division institutions, with discussing the typical cases to search for the useful methods. The third part is the perfection of intangible property division institutions, which is the chapter four. Against intangible property problems in our country, I proposed some common advices and concrete workable measures, referring to the extra-region experiences and theories.