On The Determination Of Common Property Of Couples

This paper will analyze laws and regulations concerning China’s community property system as well as problems encountered amid practicing of such laws and regulations.Principles concerning community property system include principle of agreements preceding over laws, principle of community property rights, obligations and equality, protection of couple’s legal benefits as well as principle of considering third party’s interests and the weaker party’s interests. Like the development of legal culture history, this is a gradual process and a process that fits economic development.There are many legal and judiciary interpretations of community property system in China. However, there are still many conflicts with other departments’laws and regulations as well as lags behind economic development. This paper will analyze status quo and problems existing in China’s community property division from the angle of real estate division, equity division, intellectual property division, housework’s value attributable in household property, whether pension shall be divided as community property, third party’s interests in debts settlement, as well as nature of income amid separation.We have to admit that our cqmmunity property legal system is deficient. For instance, one party’s debts will be deemed as joint debts of couples, definition of personal life articles, division of legacy separation amid marriage existence and problems concerning pre-marriage and amid-marriage agreements. In particular, the paper has analyzed whether our post-marriage income sharing system is compatible with social development and can protect household relations, and given advices.The last part of the article has analyzed the legislation and judiciary protection of joint property division in practices. There shall be principle of equality of men and women, principle of taking care children, and principle of taking care non-defaulting parties amid division of joint properties. Although the laws have involved property division protection, there are problems including overly simple legislation and lack of laws in evidence producing accountability and sharing. This paper will give advices on these problems.