Legislation Suggestion On Partition Of Community Property In China

With the development of social life and the strong growth of the level of human life, people's property becomes more and more abundant, and also husband and wife's property becomes complicated and various. In judicial practice, there have been lots of problems for the partition of community property, especially under divorce. The complicacy of the partition of community property has a great effect on the traditional theory of the partition of community property, which leads to the adjustment and supplement of relevant laws and rules. However, there are still intractable problems of community property under divorce. By the analytical method and the induction method, analyzing the partition of community property under the current Chinese Marriage Law, this paper is about to find its disadvantages and give corresponding measures for revision.This paper has three main chapters, besides the preface and the conclusion.Chapter one analyzes in depth the rules of the partition of community property under current Chinese Marriage Law, including the content of the community property, the principles, the methods and what should be noticed while dividing, the disposal of the housing under divorce, etc. This chapter sets the right basis and relevant area of research.On the basis of the former, chapter two puts forward the problems of the current law about the partition of community property, mainly about nine aspects, which the lack of the considering factors, the unspecific rules of the separation of the domicile of the couples, the faultiness of the partition of equity interest of the limited liability company held by the husband or the wife, the incompleteness of the partition of the profit of the intellectual property, the absence of accepting the housework value, the short of the clarity of one's specific necessities, the unreasonable rules of the obligation of discharging the debt during the period of separation of husband and wife, the lack of the rules of contacting and management of land and the protective measures of the partition.Chapter three provide specific suggestions and improvement measures with respect to the above problems to facilitate the perfection of the laws, including creation of the considering factors of community property; separation of the domicile of the couples, partition of equity interest of the limited liability company held by the husband or the wife, ascertainment of the intellectual property rights; acknowledgement of the housework value during separation of the common assets, specific partition of the exclusive properties used by one party, ascertainment of the assets and debts incurred during the separation period of the couples, new provisions as to the partition of land contractual operation rights, establishment of the protective measures of the partition of the community property.