Research On The Legal Issues Of Marital Common Property Division

The Civil code of the people’s Republic of China,which has been implemented since the January of 2021,has formally established the system of division of marital property in China.Under the premise of maintaining the marital relationship,the system gives husband and wife the right to request the court to divide their joint property when legal situation occurs.Through the division of their joint property,the property rights and interests of the husband and wife in their joint property are protected,their equal share of the joint property is guaranteed,and their legal support obligations are guaranteed,as well.It is a great progress of the marital property system in China.However,there are still some problems in the system:there are only two legal situations that can be applied for division,which is narrow compared with the foreign laws,and the adaptability to the complex social reality emerging in judicial practice is not strong enough.As a system,it lacks a complete legal system,supporting articles and supporting mechanisms,which are shown in the following aspects:the system only stipulates the circumstances that can be applied for division,but does not specify the scope of such division(divide all their joint property,or only part of such joint property),and does not specify the method that can be used for division.At the same time,there are no provisions and preservation mechanism on how to protect the interests of the creditors.This makes the court face great difficulties and challenges in relevant trails.There are a large number of inconsistent trial results in the judicial practice,and there are many disputes in the theoretical circle.Based on the above problems of the system,in order to improve the relevant system,this paper explores from the following four aspects:The first chapter expounds the concept,object and applicable types of such division,summarizes the legislative evolution of this division system in China,and explores the significance of the division system of marital joint property.It offers a theoretical base for the next research.The second chapter introduces several representative cases reflecting the problems in this division system.First,it introduces the basic facts of the case and the gist of the court’s judgment.Then,while evaluating the cases,it puts forward the problems reflected in these cases.The third chapter makes an in-depth study of the above issues in the light of the different views and viewpoints of the theorists on the solutions to the problems existing in the relevant systems,the judgment basis of the courts in the relevant judicial practice,and their different understanding and interpretation of the relevant dispute focus,and then relevant provisions of foreign laws.Finally obtains the solution to the above problems in this paper.Based on the contents of the first three chapters,the fourth chapter puts forward some suggestions on how to improve the system of the division of the joint property of married couples in China,mainly in the aspects of supplementing the legal situation,clarifying the scope and method of the division by judicial interpretation,and clarifying the principle of protecting the interests of creditors.For the protection of the interests of creditors,it also puts forward the principle of priority in debt repayment when dividing and the relevant provisions to improve the rules of joint debt repayment between husband and wife.