Divorce Division Of Property In The Limited Liability Company Equity Change Rules

Since 1993, China promulgated the first "Law" was established in our modern system of limited liability company. With a lot of private capital into limited liability companies, limited liability companies in China also increased the number of company share as a new of property rights, our legal system gradually understand and accept, as equity is also a natural right of property in the traditional area of civil law, in the "marriage" in the context. In 2003, the Supreme Court of China promulgated the second judicial interpretation of Marriage Law, which was the first time explicitly into the scope of our jointly owned property. But that time, China hadn’t established a complete equity theory. In the "Company Law" issued ten years later, the Supreme Court of China still use "capital contribution" as the definition of a limited liability company’s shares.With the gradual deepening comprehension of equity and equity theory in China, both academy and legislature have been changed the past definition "capital contribution" into equity. Especially in 2005, "Company Law" amendment also changed the former for the shares is limited to "have the right to request the nature of property rights" of understanding. Limited liability company’s equity but also as a new form of jointly owned property in the couple’s divorce proceedings, when the equity in divorce split on how to become involved "Marriage" and "Company Law" between the two branches of legal problems, "Marriage" category which relates to the equity division of principles, methods, how to determine the equity value of the "Law" within the context of limited liability company involved in the transfer of shares to limit the transfer case, transfer procedures and other related procedures and substantive issues, in legislative style as "Marriage" and "Company Law" amendment is not synchronized, the Supreme Court in the "Marriage Law" after the introduction of judicial interpretation of two, and then on how to split the shares not issued new judicial interpretations, it split in the proceedings equity, also resulting in a lack of relevant legal basis for such situations. This paper analyzes China’s current system of marital property, divorce, division of matrimonial property regime, ownership and property rights, and domestic and foreign claims division of the similarities and differences between limited liability company on transfer of shares and the system of doctrine and conduct a simple analysis of the comparative study that our legislation jointly with the equity split in practice there are still some need for improvement, filed for divorce the couple split in the common equity of the difficulties in judicial practice as well as specific segmentation. We should improve the current legislation form, the proceedings and equity split procedures reduce the cost of justice operational administration. Equity valuation procedures and principles of equity spilt should be improved also, which help establishing the system of division of jointly owned property in limited liability company.