Study On Division Of Matrimonial Intangible Property In Divorce Litigation

In recent years, China’s judicial practice in dealing with the division of property jointly invisible appeared inaccurate applicable law, the relevant law is not perfect and other new cases, the emergence of these situations hinder the progress of the modernization of China’s legal system, I found the time to collect data About discussed jointly or intangible property monograph few papers, and mostly similar content. This situation is clearly and increasingly important intangible property jointly status does not match, then work harder to make this thesis.The innovation of this paper is two things: First, during the couple’s joint legal position intangible property when the property is divided into common property and intangible assets of two modules to study, and then the integration of these two modules, looking for commonalities Finally, the author writes with particularity the basis for the theory that the most appropriate. I also made from the structure with other scholars of different innovation,this paper is divided into four parts, the use of the total- points of writing style, the first part of the basic theory of intangible property jointly make legal position. Part of the second to fourth is the specific issues, including intellectual property, human capital, equity firm that three legal issues arise, each case leads to a problem by then analyze the situation, and finally give the author his own solution. In this paper, the exhaustive research methods available information(the maximum extent possible to collect the data collected), case study research methods(each problem and leads by case analysis), comparative analysis methods(compare Japanese scholars, academics and France view Chinese scholars to study).