Study On The Related Problems Of The Division Of Community Property

With the rapid development of China’s socialist market economy and the continuous improvement of people’s living standard, current manifestation form, property constitution and value size of community property have changed obviously compared with traditional community property. In real life, it is a very universal phenomenon that community property presents the trend of diversification. Many families not only have considerable tangible property, but also have a lot of intangible property, such as, intellectual property, stock equity and some expectant economic benefits. On the one hand, these new types of property enrich the content of China’s marital property; however, on the other hand, they increase the difficulty to cognize the property of these assets because these assets have their complexity and diversification. Meanwhile, these assets types involve Company Law and Intellectual Property Law. They usually involve the benefit of the third party when divide these assets. Therefore, it will easily cause the conflict among department laws and increase the difficulty of marital property division which adapts to various laws. The complexity of marital property results in great impact to traditional marital property division theory, which makes laws and regulations related to marital property division have to do some corresponding adjustment and amendment. In2001, our country amended Marriage Law (1980). In December2001, it issued the Supreme People’s Court’s Interpretations to Several Problems on Marriage Law of the People’s Republic of China (1)(hereinafter referred to as Marriage Law Interpretations One). However, it is very obvious that these laws and judicial interpretations don’t apply to the complexity and diversification of marital property any more and have obvious hysteresis. April1,2004, the Supreme People’s Court issued Interpretations to Several Problems on Marriage Law of the People’s Republic of China (2)(hereinafter referred to as Marriage Law Interpretations Two). It not only has explicit and specific rules to the types of personal property and marital property, but also has rules on the puzzling questions of marital property division (e.g. house, property rights of enterprises, old-age pension, the benefits of intellectual property, etc.). It has important directive function and operability to judicial practices. However, as the reflection of social life, laws still have hysteresis or "vacuum zone" relative to complicated situations in social life. August13,2011, our country began to implement the Supreme People’s Court’s Interpretations to Several Problems on Marriage Law of the People’s Republic of China (3)(hereinafter referred to as Marriage Law Interpretations Three). It has explicit rules to the problems, such as, the attribution of the profits of one party’s pre-marital property, the attribution of one party’s home buying with personal loan and the division of the appreciation after marriage, etc. However, it also arouses wide disputes. Actually, some provisions are worthy of being discussed. Therefore, this paper aims to study the marital property division and selectively analyzes some disputed problems, such as, the incomes from intellectual property, the division of marital stock equity, etc. It aims to promote the further improvement of laws.This paper includes three parts except for introduction and conclusion. Introduction mainly describes the purpose and significance of this paper. At present, there are a lot of problems on the disputes of community property. Face community property disputes under the new situation, marriage law and related judicial interpretation have the "blind spot", and law courts have some wrong regions when try cases. Therefore, aiming at the new problems in the practice, this paper discusses the legislative perfection of community property division from the perspective of analyzing current rules.Chapter one describes the related concepts on marital property system, and the legislative rules of China’s current marital property system and current Marriage Law on marital property and personal property.Chapter two points out the scope, division principle and division method of China’s community property by combining the practical rules of marriage law and related judicial interpretations. It points out China’s legislative defects mainly are the defect of community property scope, the defect of division principle and the insufficient of division method. It also points out the main disputed problems in the legislative practice.Chapter three puts forward the proposals to perfect China’s community property division method. Based on the practical situation of our country, it puts forward some suggestions to improve China’s community property division method from perfecting community property scope, establishing unusual martial property system and other aspects. Finally, it makes detailed analyses on several disputed problems in the legislative practice and puts forward some suggestions.