Study On Divorce Property Identification And Segmentation In China

With constantly development of society and continuously improvementof the economic standard, a range of issues about property distributionhave arised in social life. In recent years, along with more and moreserious divorce phenomenon, the public have stronger interest in propertydistribution. In the real life, more and more problems, especiallyidentification and segmentation of fruits, houses as well as stock equity,have arisen in the process of property segmentation identification in theevent of divorce. Meanwhile, influenced by multiple factors, this problemhas became much more complex in China’s judicial practice. There are manyreasons that causes this problem, such as an inseparable relationshipbetween the imperfect marriage law and lagging judicial philosophy.Though the2011“Marriage Law” on the divorce property division wasadjusted, some disadvantages have emerged in the course of judicialpractice and many tough problems have been met in the treating processes.Based on the provisions of divorce property identification andsegmentation in China’s Marriage Law, this paper detailed analyzes anddiscusses identification and segmentation of three contradictoryproperty--fruits, houses and stock equity in the property identification and segmentation in divorce. Furthermore, it put forward the suggestionson improvements.In Introduction: it describes the background, analytical method aswells as significance of this paper. In Chapter1: it analyzes anddiscusses the identification and segmentation of fruits which should beimproved in current law system in a divorce case. It compares andsummarizes various points of fruits in China and methods of fruitssegmentation abroad. Furthermore, suggestions on improvements should beput forward. In Chapter2, it analyzes and discusses the identificationand segmentation of limited property rights houses and mortgage loanshouses which are controversial in the process of immovable propertysegmentation in a divorce case. Meanwhile, suggestions on improvementsshould be put forward. In Chapter3, it analyzes the identification andsegmentation of the stock equity and property in a divorce case. Firstly,it introduces the definition of equity and property and its particularityas marital property. Secondly, it specifies the segmentation method andinadequacies of various stock equity and property. Finally, it makes therecommendations for improving marital equity and property segmentationsystem. In Conclusion: summarizing the main results as well as theshortcomings and problems in the study, and prospecting the futureresearch directions.