The Segmentation Of Community Property

"Hold your hand and grow old with you " It is the good wishes of lovers who pray for love forever. but the reality is not always desirable,when marriage go to the end, divorce would be the inevitable choice. In modern society,the general trend of divorce rate is increasing year by year. According to the survey of China Women's Federation there are about 40,0000 family broke up per year in China.People treat divorce as a common thing instead of tabooing like the past.Divorce is the dissolution of marriage in survival period of couple's.It not only discharge personal relations,but also property relations between couple.Marital property system is very significant in legal system,and is also an indispensable part of marriage system. With the rapid development of economy and continuous improvement of living standards, marital property relations are becoming diversified and complicated.,the manifestation of community property has changed greatly compared with the traditional joint property of spouse. In fact, as the key issue of divorce, the segmentation of community property has become the most controversial part in divorce proceedings.The modified marriage law of China in 2001, April 28, has stipulated the range of personal property, there is a distinct improvement compared with the old law in 1980. After that, Judicial interpretation of the Marriage Law was made in 2001,for it can not make up the deficiencies,another judicial interpretation was born and improved the relevant provisions of the type of personal property and community property.For instance,intellectual property,pension insurance, housing and so on.However,because of the natural lag and rapid development of the society,there are still plenty of intractable problems and imperfect aspect to be improved.This article concludes four parts:The first part of the article is the basic theory of marital property system,including definition and characteristic of marital property system. Reviewing the relevant provisions of foreign legislation and illustrate the legislative value of marital property system.The second part, our legislation on the segmentation of community property and the range of that. Finally,the methods and principle adopted by our countryThe third part,the article chooses four issues which are controversial and difficult to discuss deeply.Intellectual property,mortgage houses,intangible property and equity.Introducing the basic theory,problems in practice,existing theories,and relevant provisions.The fourth part,presenting advisements of the segmentation of community property. First,elaborating the significance of modifying the marital property system;Second, taking example of foreign legislation and improve the system of our marriage law.