The Research On The Identification And Treatment Of Divorced Couple's Jointly Shared Property

As people becomes more looking forward to pursuing freedom and human liberation, as well as changing their understandings towards happy life, divorced law has evolved from limitation to freedom. Correspondingly, divorce rate has dramatically increased with divorce cases occurred frequently. It is true that we cannot deny "divorce brings freedom", however we should meanwhile take great care on the issues that resulted from divorce. Among all these issue, how to treat shared property has become the major conflict. With more and more new cases concerning new property, the judgment and treatment for those properties has been brought to the limelight. Since the legislations for marriage and property all have indicated that regulations are more than principle with a situation of being left behind, the treatment of divorced couple's property has increasingly become a hot but tricky topic.In this case, different judges can offer different answers even to a same divorce case identification, which resulted in a situation as we know "Different judgments to Same Case". To that end, it will be difficult to protect the dignity of law, meanwhile prone to mislead the understanding of couples on their shared property. This article starts to illustrate from typical and representative cases from real-life practices, and then moves to demonstrate issues on how to treat divorced couple's property. Afterwards, personal opinions and suggestions are provided. Meanwhile, drawbacks from the current regulations on divorce property are pointed out, with personal suggestions offered as well.This article has been split into 4 Chapters, excludes introduction in the first place and summary in the end.First Chapter:The Range of Couple's Jointly Shared Property and Principle of Distribution. This part has elaborated the range of couple's shared property and summarized the principle of distribution of the shared property.Second Chapter:Common Practice of Property Identification and Treatment in Real-life Divorce. This part has illustrated new cases and new issues from 3 viewpoints: residential property, credit and debt, and donated and inherited property, via case studies.Third Chapter:The Identification and Treatment for Specific Types of Property in Divorced Cases. This part has discussed the identification and treatment for couple's shared stock credit and stock, intellectual property and insurance issues through case studies as well. Fourth Cahpter:Suggestions on Improve Distribution System of Divorced Couple's Property in China. The author has provided 4 drawbacks and 5 suggestions towards our current divorce property distribution system.