Research On The Legal System Of Marital Division Of Common Property In China

With the deepening development of China’s economic structure,many new changes have taken place in the concept of husband and wife’s property,and the traditional concept of "cohabitation and sharing of wealth" can no longer meet the needs of both husband and wife for the management and disposition of common property.In order to avoid many difficulties caused by future property disputes,marital property division has become a new way of property disposal.Although the system of dividing the common property of husband and wife in marriage in China can further protect the property rights and interests of both husband and wife on the basis of maintaining family stability,there are some problems in practical application due to the imperfection of the system,such as the narrow legal application of the system,the unclear scope and method of division,which leads to different interpretations by different judges,resulting in the unreasonable phenomenon of different judgments in the same case.Moreover,great disputes have arisen in the process of judicial cases and research circles.Based on the main problems in the implementation of the marital property division system,this paper follows the idea of "posing problems-analyzing problems-solving problems",and adopts the method of combining theoretical analysis with empirical research,which is divided into five parts.The first part is the topic breaking.Firstly,it expounds the background and significance of the system of dividing the common property of husband and wife in marriage,sorts out the research status at home and abroad,makes clear the achievements and existing problems,and expounds the framework structure,research contents,research methods and innovations of the paper.The second part briefly outlines the system of dividing the common property of husband and wife in marriage.Firstly,it defines the concept of the system,secondly,it sorts out the basic theory of the division system,and thirdly,it clarifies the significance of the division system.The third part investigates and sorts out the legislative status quo and judicial application status of the division system,finds out the specific problems existing in the division system by analyzing typical cases,and provides objective basis for putting forward targeted improvement suggestions;The fourth part,expatiate on the division system of marital joint property in Germany,France and Switzerland,and analyze their legislative experience and successful practices in dividing marital joint property,so as to provide enlightenment for further improving the division system in China.The fifth part,aiming at the problems existing in the application of the division system,and referring to the relevant experience outside the country,puts forward specific and targeted optimization suggestions.The innovation of this paper is reflected in two aspects.One is the innovation of research methods.Most of the previous literatures studied the division system of common property of married couples in China from a single angle of theoretical analysis or empirical investigation.In this paper,theoretical analysis and empirical research are used to conduct in-depth analysis,and combined with the relevant experience outside the country,specific improvement schemes are put forward.Secondly,a novel systematic optimization proposal is put forward.This paper finds that although the implementation of the Civil Code conforms to the development of the times,there are still some problems that need to be solved urgently in practice.A series of suggestions are put forward to solve these problems: First,aiming at the narrow legal application of the system,a statutory case of one spouse suffering from a serious illness is added,and a statutory case of one spouse paying off personal debts with common property is added as the other requesting division,and the bottom clause is set according to the statutory situation;Second,aiming at the problem that the scope of property division in this system is not clear,it is clear that the common property of husband and wife in marriage is mainly divided into parts,and the scope of property division is limited to the request of the litigation sponsor;Thirdly,aiming at the narrow scope of the legal effect of the system,it is necessary to clarify the property system applicable after division and the legal effect of the judgment on the third party;Fourthly,aiming at the unclear division mode of the system,the general division mode of property should be defined,and the division mode of special property should be supplemented;Fifth,aiming at the lack of creditor protection in this system,we should supplement the division method of special property and supplement the division method of special property.This systematic suggestion not only helps to clarify the scope of application of this system,but also helps to refine the rules of this system.At the same time,it also takes into account the connection between this system and other systems,which can provide a perfect system for the division of common property between husband and wife in marriage.