The Research Of Chinese Couple Jointly Owned Property Division Issues

The couple jointly owned property is not only an important material foundation of marriage and family life, but also one of the important components of the marriage legal system.With the rapid development of China’s market economy, the type and quantity of the jointly owned property have undergone a huge change, at the same time, the division of the couple’s joint property issues is increasingly prominent.After the introduction of the new Marriage Law,the provisions of the range of property and the way of division of jointly owned property, have been beyond the expectations of the people, and become a hot topic in jurisprudence and judicial field.This article’s task is to make the new property concept and law deeply rooted among the people to guide marital property behavior.This article is based on the recent law and complicated social life, using comparative study, case study and other research methods, cites the legal system and the habits of other countries, makes example of disputes, analyzes of the underlying causes of disputes, combines the jurisprudence argument with China’s national conditions, it puts forward suggestions for the improvement of the system.This paper is divided into five parts.Part Ⅰ introduces the background, academic divided views, the necessity of the study, and the main method.Part Ⅱ introduces basic theory of jointly owned property division, including its species, the range, as well as the principles and special considerations.Part Ⅲ demonstrates from a different perspective,it makes a brief introduction of the relevant foreign law, and compares with China’s relevant regulations. Part Ⅳ analyses the status of jointly owned property division.First, make an introduction of the history of the system.Then,analyzed the dispute case and the underlying causes of its occurrence. Part V is talking about thinking about how to improve the system.First,following not only principles but also other considerations; then following from the fourth part,making recommendations; Finally, citing several judicial practice issues so that we can improve our jointly owned property system from subtle level.