| The joint property of husband and wife segmentation is one of theimportant issues in divorce proceedings. With the development ofsociety and economy, the interests of shareholders has gradually becomean important form of the joint property of husband and wife.It is in the divorce proceedings, the proportionof equity segmentation disputes is increasing year by year.However, at present China’s current legal provisions for divorcehusband and wife equity division is not detailed, which in the judicialpractice, brought a lot of confusion to the judges and parties. Giventhe couple equity segmentation involves not only the interests of bothparties, but also relates to the maintenance ofnormal development companies involved and ensure the good operationof the socialist market economy, the research on segmentationcouple equity has its pertinence and significance. This paper from theclear couples equity concept, through distinguishing can participatein the equity division of ownership category, put forward suggestionsfor perfecting the divorce husband and wife equity segmentation. Thepaper has five chapters.The first chapter introduces the equity as a general analysis of thejoint property of husband and wife. Defines the concept and characteristic of the joint property of husband and wife. At the sametime, starting from the perspective of jurisprudence, combined withour existing laws and regulations, explains the equity as the basis andanalysis of the joint property of husband and wife.The second chapter introduces the principles to be applied in thecouple equity segmentation. Because of our current laws andregulations, rules to the equitysegmentation isnot exhaustive, so these principles apply to help in the judicialpractice of processing good husband and wife equity segmentation.The third chapter introduces the status of legislationand segmentation difficult couple equity segmentation. The firstsection of this chapter introduces the legislation of some foreigncountries have already marital equity segmentation. The beginning ofthe second section introduces the current judicial status about husbandand wife equity division, from the aspects of participation inthe segmentation of stock type, litigation preservation,equity segmentation, lists the current judicial practice is husbandand wife equity division of dilemma.The fourth chapter types of marital equityinpractice segmentation and segmentation methods arediscussed. Among the three types of one party of thecouple, couples, family owned holding enterprises was discussed.The fifth chapter the author puts forward suggestions to improveequity segmentation. Including the specification of assessmentagencies, determining the main body, improve the equity transferprocedures, improve the proof procedure, strengthen the equity,etc. |
