Research On The System Of Couple's Property Division

Since reform and open policy, along with our country socialist market economy development, the living standards of people have been enhanced .Compared with the traditional common property , the constitution and the values of common property have been obviously transformed .The couple's property is more and more pluralistic and complicated . In property constitution, except upscale furniture, outside electrical appliances and bank deposit, appeared the commodity apartment, the compact car, the stock, property and so on bond and foreign currency. But also the individual engaged in commerce, the contract management household and the management business owner also have considerable producer goods and the management fund. In addition, in the intellectual property rights property right also owns for more and more many citizens. Along with husbands and wives property multiplication and complication ,Property division in divorce is the key issue that disputed between the divorcing couples and the focus in the divorce cases .Family Law (1980) was modified Judicial Interpretation (2001) and Judicial Interpretation (2004) were put in force .But legislation is the reflection of real life ,it presented limitation all the same For example , the present husbands and wives property system lacks to the property division situation, the point in time and the consideration factor stipulation . It is too narrow in defining the range of common property of the couple .when the couples divorce ,the expectable interest of Intellectual property rights ,the change of Human capital caused by one side's sacrifice and the anticipated profits resulting from it should be regarded as the couple's common property and divided fairly between the couple .Husband and wife fails to realize impartial justice in the limited liability company stock right division.The economic remedy system regarding divorce is critical .It is lack of an effective assurement system ,and so on .It is difficult to protect the right of property ,and divorcing property distribution system don't realize the real equality . The author plans to link to ourcountry reality, and mainly uses the comparison research the method, the law economic analysis method, the historical research method, carries on the system research to the husbands and wives property division .The author will put forward some suggestions about how to improving the divorcing property distribution system . I hope it is helpful to improve the divorcing property distribution system.