Research On Legal Problems Of The Division Of Jointly Owned Property In China

The rapid economic and social development, which greatly increased the income of residents, also has enriched people’s property types at the same time. Different from the past Jointly Owned Property which is single type, small amount and of clear ownership, the Jointly Owned Property nowadays is showing a species more various, amount is increasing every year as well as the right attribute becoming complex scene. These changes of the Jointly Owned Property not only have a large impact on traditional Jointly Owned Property theory, but also increased the difficulty of processing the "chores", which is already complicated. Although China has amended the Marriage Act and issued several judicial interpretations, to improve and repair the inadequacy of the laws and regulations of China’s legislation on the Jointly Owned Property division..However, the diversity of real life, the social nature of the relationship between husband and wife, the complexity of the joint property, as well as legislative lag, lead to solve the problem of jointly owned property division properly is a "long-term and arduous" task. Especially relates to the intellectual property,"Housing Mortgage", stock ownership, these three kinds of the Jointly Owned Property division. Due to the special nature of the property right attribute, such as equity intangibility, and "Housing Mortgage" is the "complex" of personal property and common property, or because the relevant legal system is of blank or controversy, such as the controversy caused by the judicial interpretation on the "Mortgage" housing division, also the right to income is difficult to identify, such as the expected benefit of the intellectual property right and so on, which leads the judicial practice face segmentation problem. How to effectively resolve jointly owned property division problems that related to intellectual property rights,"mortgage" housing and stock ownership, etc, it not only related to the legal protection of the couples right, but also a important issue of social harmony and stability. This paper mainly focused on the problem of the aforementioned three types of Jointly Owned Property division, compare with and learn from foreign legislative achievements, through the gradually analysis of practical cases, strive to reach the effect of "a drop of water to see the sun".Besides introduction and conclusion, this paper is divided into four partsThe first part is a general analysis of Jointly Owned Property theory and practice, including the basic theory perspectives and the foreign legislation expedition two aspects, through survey different doctrine and the interpretation of national legislation, define the theoretical basis and broaden the research field of vision.The second, third and fourth part surrounding the difficult problem in the Jointly Owned Property division of intellectual property rights," mortgage " housing and stock ownership respectively, through the practical case and theory analysis, combine with the relevant provisions of our legislation, comb the existing problems, find the deficiency of the legislation, and puts forward the legislative suggestions.