On The Division Of Marital Property Between Husband And Wife

With the rapid development of China's economy and society,the property between husband and wife is greatly enriched,and its variety and quantity are constantly increasing.The joint property of husband and wife is the material basis for the husband and wife to live together.The current "Marriage Law" in our country mainly pays attention to the joint ownership of property between husband and wife and neglects the management of property,so that disputes over property between husband and wife are increasing.There is also a growing demand for the division of common property within marriage.However,at present,China's "Marriage Law" does not clearly stipulate whether it can be divided.The "Property Law" only provides a general division of the common law,and the judicial interpretation stipulates two situations that can be divided.There are still many doubts about how the connection between the Property Law and the Marriage Law and the major reasons and the loss of the common foundation in the Property Law should be interpreted.On the basis of examining the current legislation and judicial status of the marriage of married couples in our country,combined with the purpose and principle of the division of marital property,the traditional concept of coexistence with the financial community,and the experience of the extraterritorial law,the major reasons and common foundation are The loss of the interpretation,in order to provide some solutions to the judicial practice in China.This paper is divided into five parts,taking the structure of the total score to explain the related issues of the marriage of the couple's marriage:The first part is an introduction.The introduction part mainly introduces the background and research significance of the topic,the research trends at home and abroad,the main research methods to be adopted,and the possible innovation points of the research focus of this topic.The second part is the issue of legislation and judicial review of the division of property within marriage.This part first expounds the legislative status quo of the division of property within marriage.China's "Marriage Law" does not clearly stipulate the division of marital property.The "Property Law" stipulates that there are major reasons or the common foundation can be divided when the common property can be divided,but the provisions are more general,In the absence of specific interpretations for major reasons and the loss of the common foundation,the judicial interpretation defines two situations in which the common property can be divided within the marriage;secondly,it expounds the judicial status of the division of property within the marriage,on the one hand,the dispute over the division of property within the marriageis increasing.On the other hand,in the trial practice,it is difficult to guarantee the property rights between husband and wife in the case of strict division of property within the marriage;finally,the confusion of the division of property within the marriage is explained,mainly including the connection between the Property Law and the Marriage Law.Reasons for how to interpret and what is the loss of the common foundation.The third part is the interpretation of the major reasons.This part first analyzes the purpose of the division of property within marriage,which is not only to realize the equal management right of common property,but also to deal with the status quo of family property diversification and to protect personal property rights under special circumstances.Secondly,it expounds the principle of separation of property within marriage,marriage of husband and wife The sharing of property during the existence of the relationship is the principle.Only in exceptional circumstances can the division be requested,the arbitrariness of property division must be abandoned,and the statutoryism must be adhered to;finally,the major reasons are analyzed,and the two types explained in the judicial interpretation can be divided into marriages.The cause of property should fall within the scope of the major grounds stipulated in the Property Law.At the same time,the major reason should be that the closed clause cannot be expanded at will,and several typical cases of major reasons are elaborated.The fourth part is the analysis of the loss of the common foundation.This part mainly demonstrates the separation of husband and wife into the category of shared foundation loss.First of all,it expounds the traditional concept of coexistence with the same wealth,which has a profound theoretical foundation,historical basis and economic and cultural foundation.Secondly,it introduces the legislative status during the extra-territorial separation period to provide some reference for China's relevant systems.Finally,the husband and wife separation is proved.During the separation period,the property relationship has a special nature,and at the same time,the basic relationship of the husband and wife property is lost.In order to prevent the malicious behavior of one party,the separation should be included in the category of shared foundation loss.The fifth part is the conclusion.On the one hand,further emphasize the viewpoint of the article,on the other hand,summarize the full text.