On Legal Issues Of Husband And Wife’s Common Property Division

The joint property of husband and wife is the most important material foundation of the marital relationship continues to exist, with the rapid development of economy, whether the joint property of husband and wife of content or form, or the number of the joint property of husband and wife, has undergone tremendous changes. In the forms of property, in addition to the high-end furniture, appliances and bande-posits outside, also appeared in a commercial housing, cars, stock, bond and foreign currency assets. And individual industrial and commercial households, contracting households and business owners also have a considerable amount of means of production and management of funds, as the private collections of cultural relics, antiques, celebrity calligraphy and painting-treasures, stamps, etc. has started to become the new content of the joint property of husband and wife. In addition, the property rights of the intellectual property rights are also owned by more and more citizens. These types of property will continue to appear, on the one hand, enrich the content of the joint property of husband and wife, on the other hand, due to the complexity and diversity of the property itself, increase the difficulty of the nature of this type of property found in the entity. At the same time, because this kind of property involves to our country company law, the intellectual property law and so on, has increased in the suitable each kind of law to divide the husband and wife together the difficulty of the property. Therefore, the joint property of husband and wife segmentation has become a hot and difficult issues in divorce proceedings, such as identified during the separation property identification, the value of household labor, intellectual property rights and benefit segmentation, real estate, equity segmentation, more complex and difficult. My country in the light of these problems, amended the relevant laws and regulations, the introduction of the new judicial interpretation, including the 2001 revised "marriage law", issued in the same year, the Supreme People’s court the several issues concerning the application< the People’s Republic of China Marriage Law> explain (a) ", in 2003 the Supreme Court and the Supreme People’s courtinter-pretation on Several Issues concerning the application< the People’s Republic of China Marriage Law>, and 2011 issued the several issues concerning the application< the People’s Republic of China Marriage Law> the (3) ". The current law and judicial interpretation the kinds of personal property and common property are more clearly defined, the difficult problem of the division of property also made detailed provisions, but due to the rapid changes of social and economic and legal lag, practice processing of common property of the husband segmentation problem will inevitably be controversial. Especially really the marriage law judicial interpretation (Ⅲ) "promulgated after, some of the common property of husband and wife on the identification and segmentation has exceeded the social public psychological expectations; marital property system of our country, there are still imperfect, can not meet the needs of social reality. In this context, the termination of the relationship between husband and wife happened when the common property division is in trouble. Based in the current marriage law and the relevant judicial interpretation, combined with the judicial practice, carries on the analysis to the present situation of the division of joint property of husband and wife, and strive to the joint property of husband and wife segmentation improve beneficial proposals.This paper is divided into five parts. The basic theory of matrimonial property including the concepts and features, as well as the definition of matrimonial property division are introduced on the first chapter. And, an respective overview of the case as well as the principle of division of property during the termination of marriage, marriage relationship continues to exist, and separated. The current legislation and judicial practice of currently matrimonial property division are presented on the second chapter. Our marital property division problems are elaborated and the cause of these problems is analyzed on the third chapter. Some foreign practices and experience on matrimonial property division are presented on the fourth chapter. And the introduction of the matrimonial property division provisions in the Germany, the United States, Switzerland and other countries. And summarize the experience of matrimonial property division. For the problem of matrimonial property division of judicial practice occurred, the fifth chapter is based on the content analysis of first four chapters, and combined with the author practical experience in judicial practice, some suggestions are proposed to improving the current matrimonial property division regulations in our country.