| Since the promulgation of the Civil Code of China,it has clearly stipulated that if there are legal reasons,the marital property can be divided by the court.Although the legal provisions clearly stipulate that the marital property can be divided by the court under special circumstances,which has been a great progress,the current marital property division is still not perfect from the different judgments of the same case in judicial practice.Can not fully adapt to the requirements of the current marriage and family.This paper will study the division of marital property in four aspects and offer some suggestions in order to promote the development of the division of marital common property system.First,the judicial cases related to the division of marital joint property are retrieved from China Judicial Documents Network,and the visual analysis is made on them.Then select three most typical cases and give a brief introduction to their basic cases.Through the analysis of the court’s decision result and decision reasons,we find the existing disputes in the judicial practice of judges.Second,analyze the system of marital common property.Firstly,this paper analyzes the legislative evolution of marital common property,then introduces several applicable legal situations of marital common property division,and finally finds out the problems still need to be solved in marital common property system.Thirdly,from the main body of the application,the situation of application,the effect of law and the protection of the property interests of the third party creditor,the author analyzes and draws lessons from the system of division of marital common property in typical countries of the Anglo-American and civil law systems.Fourthly,in view of the problems arising from the current marital property division,it is proposed to add the legal circumstances under which the marital common property can be divided,clarify the scope of marital common property division,clarify the distribution rules of proof,and improve the provisions on the protection of creditors’ rights and interests,and other suggestions to improve the relevant safeguard measures. |
