Research On Division Of Matrimonial Intangible Property In Divorce

In recent years, a lot of changes have taken place in the concept of marriage life. The divorce rate increased rapidly. Divorce will inevitably involve the division of matrimonial property between husband and wife. As a result of rapid economic development, the number and the composition of marital property, even the property's value has changed dramatically. It is appeared that the trend of marital property is diversified and complicated, which is increased the difficulty of confirming the nature of marital property.Among the couples'property, intangible property has been becoming the important part of the couples'common property in families. At the time of divorce, the division of the intangible property has become a focus on social concern. Although, Family Law (2001) was modified, Judicial Interpretation (2001) and Judicial Interpretation (2004) were put in force, which improved division of matrimonial property regime in the content, made specific provisions on matrimonial property division in judicial level; it cannot be completely applicable to some complex cases in couple's property division. For example, there is no targeted provisions in Marital Law about divorce cases of division in couple's intangible property. There are some disputes on it, which led to hearing difficulties in the judicial practice of the same type of cases.Many scholars, lawyers discussed on how to divide the couple's intangible property in the divorce disputes, for which there is more controversial in concrete problems. To resolve disputes in judicial practice there need a comprehensive study systematically for the diversity of exhibition situation of couple's intangible property, for the complexity of the disputes on couple's intangible property, for the becoming universality of the division of matrimonial intangible property.In this paper, we will study on division of intangible property in judicial practice. Attempt to explore the concept, main exhibition situation, present situation of law protection and segmentation of couple's intangible property which continues during the marital relationship existed. Attempt to explore the feasible proposal on couple's division disputes of intangible property and to discuss on how to improve the segmentation system of matrimonial property.