The Common Property Of Husband And Wife Separation System Study

As China’s social and economic development, the manifestation of matrimonial property are becoming increasingly diverse.The property division is not only related to housing, cars, savings and other forms of common property, but also to equity and other investment income, mortgage houses, intellectual property and other new forms of property.Other updates will appear later in the form of property. China’s "Marriage" and the Supreme Court established judicial interpretation related to jointly owned property after marriage system and a clearer definition of the jointly owned property and the scope of individual specialties, which are rightly and reality.The judicial practice in China has positive significance. However, these laws and their judicial interpretation still has undistributed areas. Some of the operability is not very strong terms, for the emerging division of property ownership and some uncertainties.Besides there are many imperfections legal gaps. Based on the division of marital property to focus on the system of division of property jointly analyze the current rules of the typical defects, specifically including investment income, mortgage property rights, intellectual property, looking forward to the special interests of the three types of segmentation, and finally puts forward its own Legislation proposals.This addition has a total of three chapters besides the introduction and conclusion.The first chapter is the basis of marital property division system theory. Matrimonial property system which describes an overview of the marital property system in China, defined the scope of their jointly owned property. Overview of marital property system through the recognition of several countries to understand the type of property system, which leads to matrimonial property regime in China is dominated by the legal property system, supplemented by a contract property system of marital property. Research division of marital property on the premise that determined the scope of their jointly owned property, so the’ correct distinction between common property and personal property is essential.The second chapter is a division of marital property system of the present Review. First, we should discover that our current progressive system of marital property, including the diversification of the specific methods of marital property division and the breadth of the principle of division. At the same time we must recognize that the current system of marital property shortcomings:the principle of marital property division is (?)t circumspect and difficult to apply to all situations; in specific cases, what factors should also be considered, our existing laws and judicial interpretations did not make clear that; With today’s rapid economic and social development, many new property, such as intellectual property rights, equity, funds, partnerships and other investment incomes, mortgage and housing. Emergence of these new types of property ownership and the division between husband and wife, the very few of the existing marriage law did not even clear that seemed more lag.The third chapter discusses the system of marital property division Legislation. For the second part, the issues raised in this part, put forward their own legislative proposals. First, clear the scope of jointly owned property, the existing law there should be limited to the scope of the property, both spouses in common life together in various ways during the marriage to contribute to the main basis for determining the common property, not just to get married The point is mainly based on the common law should further clearly defined the scope of property and personal property, and further refinement of the proceeds of property ownership. Followed by addition of the fair division of marital property principle, in divorce proceedings need to increase the fair division of marital property division principles and its specific and clear requirements. Again determined through the establishment of relevant methods and improve the investment income split system, mortgage houses, three new intellectual property division rules. Finally, the jointly owned property division improve the system of protection and compensation mechanisms.