A Study On The Legal Issues Of The Division Of The Common Property Of Marriage

Some experts believe that the marital relationship is the one with most complex, diversification, opposition, and obscure. Along with the social and economic development, people’s living standards meet incredible changes in their philosophy of life and even the value of the pursuit of marriage. The property issue has been drawn increasing attention in the marriage and family life. People start to figure out how important the role of property is in the field of marriage and family, and the conflicts that come with it. The number of divorce cases, which are lead to the property division, meet hugh increase year by year. As a result, people’s satisfaction with the marriage could hardly match their expectations.There have been disputable arguments about whether jointly owned property can be divided among academic theorists. In the year 2011. the Supreme Court released an introduction about the Interpretation of Several Issues (3) of<People’s Republic of China Marriage Law>. The description of marital division of jointly owned property can be regarded as a recognition which confirm the development and progress of our marriage law facing the changing reality. However the definition of the new judicial interpretation of the division of marital property jointly is too narrowly. There are far more ways to do in the aspects of legislative model, the legal situation, the force of law and qualifications body. In order to maintain the functions of family life and protect the interests of vulnerable groups, further improvements should be taken on the interpretations of jointly owned property.This paper is divided into three parts:introduction, body and conclusion.This section mainly focuses on three issues:First, the description of the background and significance of the discussing topic. Second, comprehensive review on the current law principles as well as the deficiencies of the existing works. Third, explanation of research methods included in the following parts.This section is the main part of the article, which consists of four parts:The first part contains case studies which mainly describe the basic facts of the case, views and outcome of the trials. The judges’considerations to prosecute marital division of jointly owned property are followed.The second part shows an overview of the basic principles based on the regarding cases, including basic concepts, features, and other aspects of the theoretical debate.The third part discusses the domestic research status and defects. The "Property Law" Article 99 and "Supreme Court Issues Concerning the Application<People’s Republic of China Marriage Law> interpretation (c)" article 4 are the main objects for discussion. It will be pointed out that the existing law on the division of property jointly owned marital system provides defects.The fourth part illustrates study and inspiration on extraterritorial description of marital property division system. Through the introductions among France. Germany, Russia, Italy, Switzerland. Macao and other countries" relevant laws, the comparative study will be taken and drive inspirations that we can learn to analyze requirements.The fifth part takes perfect proposal on jointly owned marital property division system. This part combines the China and foreign legislation proposed in order to make sound advices on marital division of jointly owned property regime.This section contains summarize of the full text, problems analyze and propose solutions to the existing problem.