The Value Conflicts And System Cohesion Of The Husband And Wife’s Joint Equity Dispute

With the leverage of household wealth and the expansion of capital income,investment income(such as securities,investment trusts,futures options,etc.)constitutes an important type of husband and wife property.However,due to the different division of roles in the family,the husband and wife have different control over investment property,creating an unreal appearance of rights.The equity dispute caused by this is controversial.The interests involved in the couple’s joint equity issue are complex,which involves not only the husband and wife’s equal right to dispose of the joint property,but also the internal governance between the shareholders and the company group,and more,the efficiency and safety of the business transaction between the transferee and the transferee of the equity,which is a legal issue of cross-adjustment of departmental laws.However,the entire chapter of the Company Law does not reflect the joint ownership of shares,let alone the exercise of the right of joint ownership,which cannot be connected in an orderly manner with the legal property system set by the Marriage and Family Law.This problem is reflected in the judicial practice that judges selectively apply the law according to the provisions of different department laws and their own value preferences,which generally presents two major trial modes:traditional civil trial thinking and radical commercial trial thinking.Under different trial modes,judges have different judgments on the nature of equity,and whether equity can be used as husband and wife’s joint property.In addition,there is no consensus on this in theory.Based on the above-mentioned research background,this paper develops in the context of case analysis,conflicts and choices,system docking suggestions,and specific rule design.The first chapter focuses on the results of case analysis and analyzes the conflicts in the judgment results caused by the different values of different judicial thinking systems;the second chapter considers the conflicts in the judgment of the same element by the court based on the problems found in the first chapter,and puts forward that due to the particularity of the husband and wife group,the legal norms regulating marriage and property relationship should be applied in priority;the third chapter analyzes the dilemma of the exercise of joint equity under the adjustment of the current company law norms and the marital property law norms.It proposes the establishment of a joint equity publicity system and the determination of a joint equity representative to exercise the equity system as a way out for the settlement of disputes over the joint equity of husband and wife.The model and feasibility are analyzed in order to provide a possible path for the uniform judgment standard of judicial practice.