Study On The Division Of Marital Property Between Husband And Wife

Since the reform and opening up,with the rapid development of China's economy,the degree of marketization has continued to deepen,and people's ideas have also been constantly changing.In the family relationships,people's attentions to the property relationship between husband and wife are also constantly increasing,and the property disputes that follow are increasing,and the cases become more complicated and diverse.In order to maintain the integrity of the family,under the premise of not dissolving the marriage,some couples have proposed to divide the husband and wife joint property.However,? Marriage Law of the People's Republic of China ? clearly stipulates that if the husband and wife relationship does not stipulate their own ownership,then the marital property is the joint property of the husband and wife.At the same time,it is also stipulated that the husband and wife's requirement to divide the marital property must be based on the divorce.Otherwise,the court will not accept the sue,which also makes one side cannot seek relief when the property interests who are lost the marriage party in a weak position during the existence of the marriage relationship.In 2011,the timely promulgation of the Judicial Interpretation of Marriage Law(III)made up for this gap in a certain level,and clarified two situations in which the property within the marriage can be divided.Although the introduction of the system is a new regulation of Chinese law,it breaks through the traditional bondage of husband and wife which they can only be divided at the time of divorce,and it is more beneficial to protect the property rights of the husband and wife during the existence of the property in marriage.However,compared with the complicated reality,China's legislation in this area still exists blank,and is far from meeting the needs of modern marriage and family life.Therefore,it is necessary for us to study and analyze the system of marriage and segregation of husband and wife in our country.Study the regulations in related fields in foreign countries,and constantly improve the system of marriage and segregation in the joint property of husband and wife in China.This paper discusses the division of marital property from the following three parts.In the first part,one cases are used to introduce the research questions to pave the way for the following.The second part is the analysis and research on the theory of marital property division.In addition,the author makes a comparative analysis of the current situation of China's legislation and that of foreign countries in order to find out the deficiencies of this system in China and pave the way for the improvement of legislation and the supplement of judicial interpretation in the following paragraphs.The third part is aimed at the shortcomings of the current system,through the above summary and analysis,put forward Suggestions to improve legislation and relevant judicial interpretation to be supplemented.