Research On The Problem Of Intangible Property Division In Divorce

The30years since reform and opening, rapid development of socialist market economy,people’s material living standards have greatly improved, marital property is from thetraditional, single, simple into today’s modern, diverse and complex, and the property in theform of structure, form and value but also great changes have taken place. Traditional familymarriage is also a challenge by many external factors, the divorce rate is in constant increase.Divorce is not only remove the personal relationship of the parties, but also involves theproblem of the division of family property. Originally marital property-the complete physicalproperty, such as home; Objective of intangible property, such as human capital, intellectualproperty rights, equity, and housework, etc., these property types appear constantly, andconstantly enrich the content of marital property in our country, but more is also brought a lotof realistic problems in the judicial practice. Family relationship is very complicated, it is partof the social relations, and it is in this special identity of a joint ownership relationshipbetween the parties. Along with the development of the contemporary socialist economicrelations, also the kinds of marital property and its rich, combined with the current marriagelegislation defects as well as the presence of delay, lead to judge the current uncertain in thecase of how to determine the ownership of the property.The first chapter, as the paper briefly introduces the basic theory part of the divorcedivision of marital property system, mainly involves the problem of division of maritalproperty in the existing legislation and the common property of husband and wife divorcedivision of new problems and the reasons.The second chapter, the divorce of husband and wife segmentation problem of humancapital. This part first couple briefly introduces relevant theoretical knowledge of humancapital, then introduces the couple segmentation problem of human capital in our current lawregulations and improve the deficiency of the proposal.The third chapter, discusses the issues of intellectual property division in divorce. Thispart first couple briefly introduces relevant theoretical knowledge of human capital, then introduces the couple segmentation problem of human capital in our current law regulationsand improve the deficiency of the proposal.The fourth chapter, discussing the issue of equity division of marital property. Thissection first couple equity segmentation related theory, the article briefly introducesknowledge was introduced in the next couple of equity segmentation issues in the current lawregulation and improve the deficiency of the proposal.The fifth chapter, analyzes the divorce housework value segmentation problem. This partfirst couple briefly introduces relevant theoretical knowledge of human capital, thenintroduces the couple segmentation problem of human capital in our current law regulationsand improve the deficiency of the proposal.