Divorce Marital Equity Split

With the development of the economy, our traditional thoughts of family and marriage have changed very much and the divorce rate went up rapidly. Divorce is one of the legal concepts which stipulate husband and wife according to some condition and procedure to change their marriage. And it changes not only a spouse's personal relationship, but also the common property relationship of marriage. So appears the problem of common property partition of marriage. How to divide the common property in marriage reasonable is a core question in divorce case. Along with the increasing of our society, technology, economy and living standard, the content, scope and object of marital property relationship have broadened. And the trend of marital property is complicated and varied, then more and more couple concern on the management and disposal of common property. When divorce, they will focus on the partition of common property on the condition of their own interests. Therefore how to judge it is a new problem which the court must face. It weighs much not only on protecting the spouse personal and property interests and the others interests in trade, but also concerning the smoothly, healthily and orderly development of market economy. The Family Law which modified in 2001, the Judicial Interpretation of the Family Law (I), (II)which come into force in orderly play a great role in practice. But as the reflection of real life, the law is inevitably out of the date to some extent. Limited to the tradition, society economic condition and the real condition nowadays, the Family Law focus on the protection of personal relationship, ignore the stipulation of property relationship in marriage; Focus on the identification and protection of the property which do not go in the trade, ignore the adjust of property system; focus on the tangible and owned property, ignore the intangible and anticipatively property. Our law and judicial explanation recognized some property right such as ownership, credit right, share right, intelligent property etc. The court often wonder how to dispose the common share right between the couple because the Family Law and...