Research On Legal Issues Of Marital Jointly Owned Property Split System

With the rapid economic development of our society, the people of the values ofmarriage increasingly diversified, increasing awareness of personal property, bothspouses increasingly concerned about the property rights and interests of individuals,the couple’s joint marital property division disputes are emerging more. Whetherabout marital split the jointly owned property, mainly jointly owned property can notbe divided in the marital said, the couple’s joint property marital couples can split thatpoint of view, the special circumstances and special case of jointly owned propertycan be split marital said the point of view of common property in a marital split, isconducive to the realization of family functions, and is conducive to safeguarding thestability of marriage and family and the harmony of the society as a whole.The face of profound changes in the areas of social life, our legislative andjudicial interpretation on the couple’s joint marital property division times, evolving toadapt to the complex reality of marriage and family life, the existing Marriage Law"unspecified marital couples common division of property,"Property Law" Section99of the couple’s joint marital property division may "Marriage Law judicialinterpretation (c) expressly provides for the couple’s joint marital property division.Marriage Law judicial interpretation (c) allows the jointly owned property withinmarriage split in two specific cases, reflects China’s Marriage Law, for thedevelopment of the real life of the times good quality, but the provisions are too thin,the couple’s joint marital property split the legal situation is too narrow, the legaleffect is not clear, do not make provisions for the convergence of the relevant systemsand can not guarantee the safety of third parties, thus far can not be a fair andobjective manner to address the reality of marriage and family life, the variousproblems, can not play its due role in the process of application-specific cases.Perfection of the marital community property, conducive to the realization ofequal rights of the common property of husband and wife, is conducive to theprotection of the interests of the weak in a relationship, is conducive to optimizing theallocation of social resources. Perfection of the marital community property, shouldlearn from foreign advanced experience based on the situation of our country, therelationship between husband and wife, follow the embodiment of characteristics ofethics, equality between husband and wife, take care of the interests of children, to promote the stability of marriage and family harmony principle, the husband and wifeproperty for segmentation basis, expand allow marital division of the couple’s jointproperty, the legal effect of clear marital community property, improve the way torelief the interests of creditors.