The Analysis About The Division Of Divorce Property Of Husband And Wife

Along with socialist market economy development unceasingly thorough,People's living standard is getting higher and higher,The home economics origin channel is getting more and more wide,The family wealth is also getting more and more abundant,People's material level enhanced,People's inner world was also getting more and more rich.According to China Women's Federation's statistics ,Our country has more than 40 ten thousand family disintegrations every year, the divorce case rises year by year .In the judicial practice, how to divide fairly divorces property of the husbands and wives meets the question that will be getting more and more, Although the Committee of the National People's Congress has carried on the revision in April 28, 2001 to "Marriage law", The Supreme People's Court promulgated "the Explanation about "Marriage law"(One)"in December 27, 2001 ,but did not adapt the complexity and the polytropy of husbands and wives property relations .So, The Supreme People's Court promulgated "the Explanation about "Marriage law"(One)"in Apirl,2004.Although New "Marriage law" and two judicial interpretations, has consummated the related stipulation division of divorced property of the husbands and wives .However, the law in the complicated reality of life in front of the rapid socio-economic development in the form, there will lag the "vacuum" .Therefore, this article designated the division of the divorce property of the husband and wife, make divorces property division system of the husbands and wives legislation the further consummation.This article has used the theoretical analysis and the comparison research method, analyzed emphatically our country the division of the divorce property of the husband and wife ,Russia and the US divorce comparison of the husbands and wives property division system, several prominent questions the division of the divorce property of the husband and wife in practice,As well as our country divorces the husbands and wives property division system existence the question and the legislation consummates.The First Part---The outlined about the division of the divorce property of the husband and wife.This part mainly introduce the connotation of explanation about the division of the divorce property of the husband and wife and the principle about the division of the divorce property of the husband and wife,the principle of equality between men and women,the method of the division of the divorce property of the husband and wife and The legislative history about the division of the divorce property of the husband and wife.The Second Part---Compared Russia with United States about the division of the divorce property of the husband and wife.This part concretely elaborate Russia with United States about the scope of common property of the husband and wife,Including specifically the principle of the division of common property of the husband and wife,the method of the division of common property of the husband and wife.The third part----Several questions about the division of the divorce property of the husband and wife in practice.This part mainly introduce the scope of common property of the husband and wife,about house division in divorce suit,the division about limited liability company ,the operation about the right of household land contract ,the question about giving up the property rights and the time Of joint property obtaining ,the recognizing and processes the bridegroom's gift to bride's family as well as common debt's.The fourth part The question and legislative improvement about the division of the divorce property of the husband and wife in our country.This part mainly introduce the question about the division of the divorce property of the husband and wife in our country.the Stipulation not explicitly about division of the divorce property of the husband and wife the Stipulation not explicitly about the contents of right about division of the divorce property of the husband and wife ,the lack the related stipulation about human capital ,Individual provisions not clear, workable poorThe legislation style not quite reasonable.This part concretely elaborate the legislative improvement about the division of the divorce property of the husband and wife in our country,Including specificallyThe clearnece about the scope of legal joint property about the husbands and wives the improvement about contents of right about the common property of the husband and wife ,the improvement of relevant provisions about human capital, the article to be clear specifically and feasibility as far as possible,the improvement of legislative style about the property relations of husbands and wives and additional provisions of the property system of husbands and wives.