A Study On The Division Of Marital Property In China

In China, divorce rate keeps rising. In recent years, divorce proceedings are on the blowout increase. Along with economic development and rapid growth in social wealth, community property and individual property are constantly increasing, while the dispute focus of divorce proceedings is frequently on marital property division, which draws wide social attention and plays an increasingly important role in the matrimonial regime. Compared to the marriage laws made in 1950 and 1980, the current Marriage Law of China is much improved and adapted to social development needs when making. However, it has been more than a decade since its promulgation and implementation. People’s ideas have been greatly changed. As only children born in 1980s and 1990s reach marriageable age, family structure is changing, and new situations and problems occur in the marital property division. In the current Marriage Law, defects in provisions concerning marital property division become increasingly apparent.This paper briefly introduces basic contents of the matrimonial regime, intension and prerequisite of marital property division, which is an important part of the matrimonial regime, elaborates legislation practice of marital property division in China, makes a careful analysis on provisions that properties from marriage statutory succession and testamentary succession are jointly possessed by husband and wife, that debts owed in the name of husband or wife are determined, that marital property during marriage is divided, and on rules that mutual compensation is made to marital property. Moreover, this paper clarifies difficulties encountered by marital property division during judicial practice of China, analyzes the cause of difficulties, specifies defects existing in current law concerning marital property division in China, based on China’s basic conditions and judicial practice, with reference to foreign advanced legislative experience, puts forwards specific proposals on solving current judicial dilemma and improving the legislation of marital property division in China.