A Study On The Divorce Division Of The Couple's Shared Equity

After more than 40 years of prosperity and development of the socialist market economy,the marital joint property in China has presented a complicated and diversified form,and the newly emerging securitized property,equity,has gradually entered the public view and integrated into the production and life of couples.With the increasing divorce rate,the intervention of this new type of marital property right makes the division of marital property more complicated,and the existing relevant laws and regulations have lagged behind,which is far from meeting the practical needs of judicial practice.Aiming at the issue of whether the couple's joint equity belongs to the couple's common property and how to divide it,we carefully define the conceptual characteristics of the couple's joint equity and the unique attributes of the divorce division of the couple's joint equity,and try to make it as clear as possible in the vague academic discussion.Joint equity segmentation rules in "marriage law" and the company law,the need to combine our two department comprehensive analysis of the provisions of the joint equity related to the interests of both sides of husband and wife,within the bounds of the law article co.,LTD.,co.,LTD.,husband and wife divorce segmentation form of common equity,and clear joint equity segmentation method based on real cases,thus improving the joint equity divorce segmentation system.According to our country "marriage law" and "company law" in the relevant provisions on the division of marital property and equity transfer,network combined with the written judgment of a variety of case analysis summarized the present legislation present situation and existing problems of joint equity in our country,our country has yet to make a joint equity segmentation of legislation,also lack corresponding principles to guide,how to dealt with in the judicial practice,the value of equity division,the settlement is very detrimental to the interests of the shareholders a protection,therefore,improve the share of the couple's divorce equity segmentation system is particularly urgent.We use the case study,theoretical study and comparative study in a way that a joint equity divorce segmentation analysis,so as to provide Suggestions for our equity segmentation related legislation,and provide the related reference principle guiding the judicial practice,solve the problem of uneven joint equity division of divorce,to protect the interests of the weak side,balance the rights of husband and wife.Our country can learn from France,Germany,the United States,Switzerland,Japan,the five countries of joint equity law,gradually consummates our country husband and wife joint property registration system,security system and trust system,improve joint ownership of public summons and explore the equity value evaluation method of science,the professional appraisal institution and personnel equipped with standard,establish a systematic equity value assessment system.