On The Identification And Division Of The Common Property Of Husband And Wife

With the rapid development of China’s economy, the accumulation of Chinese h ousehold wealth increases sharply. Meanwhile, the altitudes toward the marriage and l ove in current societies have changed dramatically and the divorce rate keeps a high le vel. Therefore, the importance of identification and segmentation of matrimonial prop erty, which can lead to conflicts, are becoming more and more significant.In modern society, no matter the range or the variety, family properties are increasingly become boarder and more complicated. Thus, the focus of the argument in divorce proceeding cases has transferred to the division of the common property between the man and woman. Although China’s current revised in 2001 implementation of the "People’s Republic of China Marriage Law" provisions of the common property of husband and wife have equal rights in the disposal. At the same time the "Marriage Law" seventeenth, eighteen are exemplified by way of dividing the scope of jointly owned property and personal property. But society is constantly changing and developing existing laws, regulations and judicial interpretation of the provisions of the jointly owned property division regime identified with divorce still exists legislative system is not perfect, the legal framework of more general problems.unable to cope with the increasing value of the dispute, more and more new types of property.This paper analyzes the problems of recognizing and dividing three types of properties including land contractual management right, shared house and stock right from the term of judicature. Judging these rights is relatively hard to operate, as well as teemed with controversies. The last part of the property identified by these three types of common problems with the division of research results on a study of revelation as a whole. Study implications the main content is to analyze the legal defects of the system of jointly owned property jointly owned property and to improve the system some thoughts.