The Study Of Exercise Divorce Analysis On The Equity Segmentation In The Divorce Proceedings

The family is the cell of society. With the development of the socio-economic,the form of family property is becoming diverse, the content is continuously enrich,and the number is increasing. Every day, the new type of property is coming out, fromtangible assets to intangible assets, form real estate to movable property, such as stockrights, funds, insurance benefits, bills, intellectual property rights and so on. Pound,American jurist, once said,"In the modern business, Most of the wealth in the societyis consist of contract.” However, the author thinks that, in modern society, most of thewealth in the society is constituted by the stock rights. In addition, with the economicdevelopment and the idea change, those who have human-centered, Because thedivorce rate is high, this is increasingly competitive with the marital propertyDivision. Equity as an important element of the marital property, no doubt, isintensified. Warren Buffett once said:“The most important investment decisions arethat, what people get married. In choosing future partner, if you really pick a wrongpartner, then you will lose a lot. Moreover, this loss is not only money.” It is true,not only money but also the control of the target company which concerns the stockrights in the litigation and personal reputation.However, Due to the legal delay, equity in China’s legislation isnot well-established, especially in the form of capital gains equity. Segmentationinvolves different departmental law such as marriage law, company law, and department law have its comparison principle, as a sector supplement–judicialinterpretations of the law cannot cover all questions in the practice. At present, only72of the Companies Act, and the Supreme People’s Court Interpretation (b)<Marriage Law of the People’s Republic of China "(Hereinafter referred to as the"Marriage Law of Justice explained that")15,16and other laws to make a simpleprovision. Department law and judicial interpretations don’t solve the new situationand new problems till now:Whether stock rights can be divided as a partition ofjointly owned property, or only split the economic benefits? Then how to split Stockrights when couples are inconsistent to divorce equity split consultation which is outof provision in “The second judicial interpretation in Marriage Law”? How toidentify stock rights if either of them transfers it without the other’s permission?If anyone of the couple is anonymous shareholder, how to divide equity? Whether spousecan lift law sue to confirm its stock rights. Due to the significant impact factorof market economy, the price is fluctuating, whether split the number of shares or sharevalue? If split the share value, then how to calculate equity value, and how to evaluate?How to confirm the time, when it’s bought, prosecution time or judge effects?The author thinks that stock rights have the characteristics of Openness andvolatility which is not possess in traditional property. Its punishment is related notonly to the parties of the divorce, but also for company’s business development, evenimpact on the majority of shareholders, especially listed companies.Therefore, thesegmentation principle of adhering to the divorce should be unique, even the thirdparty should be taken into account, find its balance in exploration of divorcees andthe interests of the public. Fast-improving legislative technique, adding an additionaltime of marital property system nexus provisions, equity valuation, and other contents,address the needs of trial practice challenges and social development needs.