Research On Matrimonial Stock Right Division In Divorse

At present,with the economic development,obtaining equity to increase income has become a new choice for husband and wife investment,and the income generated by equity cannot be underestimated.The reality is complicated and changeable.The Marriage Law and the Company Law do not clarify the nature of the equity,nor do they fully stipulate the division of the common equity when the couple divorced.Based on the premise of describing the nature of equity and the rationality of the joint property of husband and wife,this paper puts forward the idea that equity should be divided as joint property of husband and wife.This paper discusses the principles and types of the joint shareholding of husband and wife under various company organizations,and on the basis of the existing legislation and referee cases,the statistics of the results of the equity division judgments and the basis of the different corporate organizations in the current judicial practice.It points out the legislative defects and judicial difficulties in China in terms of legislation and practice.It proposes the establishment of “hidden shareholders” for the dilemma of judicial problems caused by the unclear nature of the joint stock of couples,procedural matters such as proof and preservation.And promote the construction of equity valuation system and strengthen the pre-trial equity preservation and other solutions.The division of the joint stock of the husband and wife in the divorce involves two areas of law,and the resolution of this problem will greatly promote the resolution of the market economy and family disputes.