The Research Of Marital Joint Property Division Regime In China

With the development of society,Traditionally,the joint property of husband and wife can only be divided at the end of the marriage relationship,the parties involved in the marriage relationship during the negotiation of the separation of the husband and wife joint property is no longer a new thing,When both parties register the marriage,they clarify the ownership of the two parties,or when the marriage continues,one party gives the other party property,or to divide the common property during the marriage or even after the divorce for other reasons,no matter though free negotiation,third party intervention or judicial ways in real life.However,there are shortcomings in the existing legal provisions.The Marriage Law stipulates that there are three ways in which the husband and wife property in China is shared,partially shared,and separately.In the form of legislation,it is clear that the husband and wife property can exist in other ways outside the legal property system;Based on the provisions on the common system in China’s current marriage and property rights,and in conjunction with judicial practice,the court promulgated the "Interpretation of the People’s Court on the Application of the Marriage Law of the People’s Republic of China（3）",further clarifying the property system between husband and wife.But far from adapting to the changing and complex social needs.As a concept of illegal education,the "marriage property division system" is based on the lack of legal theory,the difficulty in determining the legal status,and the judging of judicial decisions.In the second draft of the "Civil Law Code of Marriage and Family Law（Draft）" published by the National People’s Congress,although the original judicial interpretation was raised to the legislative point of view,it was only the copying of the original provisions that could not meet the practical needs.This paper mainly uses logic analysis,empirical analysis and comparative study.and other methods to gradually discover,summarize and analyze existing problems on the basis of explaining simple concepts,and proposes improvement measures,and innovatively proposed the husband and wife property registration method.Firstly,based on the basic knowledge of the system of joint property division in marriage,the paper sorts out the concept and characteristics of the common property division system,the scope of the property and the legal basis,the reasons and methods of division,the method of division and the value of the system.Then,from different levels,this paper analyzes the current situation and existing problems of the system of joint property division of married couples in our country,and analyzes the four aspects of the division effect,division scope,application situation and burden of proof of the system.Furthermore,the article explores the relevant legal systems outside the domain.Finally,on the premise of conforming to China’s actual national conditions,it provides specific suggestions for the construction and improvement of the joint property division system of married couples in China: broadening the application of the jointproperty division of married couples,defining the division scope of common property,and defining the marriage within the consequences of the separation of the joint property of the husband and wife and the clarification of the burden of proof on both sides.