Property In The Divorce Proceedings Segmentation Analysis And Thinking

Along with now social economy swift and violent development, people’s material life level unceasingly is also enhancing, the property type, quantity, the value all had the very big change, the property has become gradually diversifies with the complication, the husband and wife property naturally also cannot escape such change, however when section of marriages have arrived terminus, except the sentimental termination, the husband and wife property division also inevitable became the question which in the divorce process had to solve, how the property complexity has given in the divorce lawsuit recognized the property the nature increased the difficulty.In order to analyzes and studies our country marriage law well in the divorce lawsuit the real estate division correlation stipulation, I go to a Taiyuan shop area people’s court people courtyard to practise the near3months, the endeavour grasp the first material in reality, tries hard the system comprehensively, the real objective understanding marriage ties lasts the period real estate type, the characteristic, recognized and how the court does divide.Through uses research techniques and so on cause and effect analysis, real diagnosis analysis, comparative analysis and value analysis, still had the problem to the correlation theories knowledge and the reality to carry on the discussion and the research, has analyzed in the correlation legislation insufficiency, and filed in the divorce lawsuit in this foundation the real estate division about the system and law several suggestions.First part:Taiyuan shop area divorce lawsuit real estate division case case investigation and study.The real estate which this part to in the practice period handset case quite typical welfare room real estate division, the husbands and wives the real estate registration under the children name real estate division, the parents invests which bought homes for the children the real estate division, the countryside homestead constructs housing to divide4cases to carry on the simple introduction and to the court decision result has carried on the analysis. Second part:In the divorce lawsuit in the real estate division has the problem and the legislation insufficiency.Take the first part of case as the foundation, proposed in the same nature house division exists question and legislation insufficiency.This part divides into the welfare room the real estate division, the parents the real estate division, the countryside house division3small parts which buys homes for the children elaborated.Third part:In the divorce lawsuit the real estate division consummates the suggestion.First is carries on the analysis to the related principle.Elaborated has protected the woman, the minor and old person’s importance, and thought had to increase the protection dynamics, greater limit protection weak trend community.Next gave the consummation correlation policy comment.Finally, gives the correlation legislation revision comment.The author believed that, in the divorce lawsuit real estate division involves the personal interest as well as the social benefit, must enlarge the protection weak trend community dynamics, the formulation correlation assistance policy, revises in the judicial practice to lag or to have the slight defect law promptly, by further consummates in our country marriage law the real estate division legislation, thus achieves our country law in the true sense fair fair final goal.