The Research Of Marital Property Division In Divorce

In recent years, China has made great achievements in the economic field. Economic achievements inthe field led to the increase of the family property, but also makes the family property types also increased,the family property is actually marital property, sources of marital property with the economic and socialdevelopment becomes more and more, the resulting composition of the family property is also more andmore complex, the emergence of the new type of property, the gradual emergence of a lot of intangibleproperty in the family property, and to become an important part. Thus, the old "Marriage Law" has beenunable to meet the needs of the new situation, China’s Marriage Law, revised in2001, introduced at thesame time the three judicial interpretation as a supplement in order to make our laws is practical, but in anycase, General a certain lag, does not reflect the new, emerging issues, a lot of practical problems that occurno basis in the law, legal cases can not be a judgment, or unscientific judgment appears frequently, it ismore obvious on the marriage law, this article is based on this, the reality controversial issues.Matrimonial property system specification Marital Property System set up, Change and Terminationand legal property system of marital property ownership, management, benefits, disciplinary action, debtsettlement, segmentation and liquidation of the legal system.Matrimonial property system is the main content of the marriage and family law, but also an integralpart of the whole community property system. The property is the basis of personality, matrimonialproperty system related to the status of husband and wife in the family and in society, related to thedetermination of the property rights and obligations between husband and wife, related to the security ofcivil transactions. Research marital property system trends, advocate the couples personality independenceand equality, maintenance of marriage and family harmony, social harmony and stability, with the majortheoretical and practical significance.