The Study Of The Resettlement Division Of Property In Divorce Cases

Urbanization is the objective law of human social development, is the need of the development of China’s economy. At present, in the process of the deepening of reform and opening-up, with the accelerating pace of urbanization, land requisition process is accelerated, the rural land resettlement area is more and more, not solve the problem of land-lost farmers’ employment, resettlement, compensation, maintaining stable and harmonious society, the government establish relevant resettlement compensation policy to maintain the farmers lost their land after the basic living standards, farmers with land in money such as compensation, resettlement property common property in the family in proportion to increase greatly. And economically developed and living standards improve after a distortions is the divorce rate is rising year by year, when a couple emotional stability, property processing after the resettlement is not a problem, but when marriage facing termination, resettlement property belongs to become the focus of dispute the parties and the judicial practice, although since the new marriage law the Supreme Court has issued123marriage law judicial interpretation, but still not to clear rules of resettlement of property division, led directly to judge according to their own understanding of the law to deal with cases, and every one of them to understand the deviation on the led to the trial standard is inconsistent, unable to maintain the legal authority and credibility, unable to have guiding significance on the formation of a people’s behavior standard, cause the parties is not satisfied with the case of treatment results, unable to stop v. XiSong good social effect, lead to the plight of division of property in a divorce case. In view of this, this paper, taking dalian changxing island harbor industrial zone to investigate the sampling points, for several years in the area of problem resettlement division of property in a divorce case sample, respectively from the status quo of the divorce case resettlement division of property in changxing island, origin, nature and countermeasure study to explore in many aspects.this paper is divided into four parts:segmentation of property the first part mainly introduces the Changxing Island area in the divorce cases, the existence of government’s relocation policy and the actual situation as well as the relocation in this process, and problems; second part is the analysis of causes of divorce and property issues, mainly has the interaction of policy, laws and regulations are not perfect and the social and ethical aspects of causes of today’s status quo; properties of the third part of our marital property nature and property for a specific analysis, to find common ground between the two and differences, to determine the status and treatment of both in divorce cases in the most appropriate way; the fourth part is the investigation above, combined with practical experience in the trial, that can be a strong operational some suggestions to solve the problem. That can operate several strong to put forward proposals to solve the problem, to provide a uniform standard segmentation problem of property in divorce cases in order to.