On The Couple's Joint Property Identified

China’s current "marriage law of the people’s Republic of China"(hereinafterreferred to as the "marriage law") is the foundation in1950promulgated the "marriagelaw",according to the social development in the process of practical experience and thenew situation, new problems in1980amended the implementation of. The current"marriage law" normative legal relationship is the marriage and family relations, thisrelationship is not only an important part of social relations, but also is an importantfactor in the maintenance of social harmony. However, with the people’s livingstandards continuing to improve, new ideas have entered, the school-age men andwomen to the outlook on life, marriage and values have now changed, the change of theideas leading to "emotional divorce" and "flash marriage from flash" and other socialreality show, all of these make the people’s court the number of divorce cases have beenrising. According to incomplete statistics, each year in the grass-roots court accepts thedivorce cases occupy the proportion of more than thirty percent of the total acceptanceof civil cases, because the characteristics of divorce cases involving two aspects ofpersonal relations and property relations, property disputes between the two partiessince the bank failed to resolve the case, most of the parties chose to divorceproceedings, hoping that the people’s court to clear identification of property,diversification and the source of China’s housing system reform, to over the years by thepurchase of property form of payment and the influence in the development of citydemolition resettlement and other factors, in the people’s law court in divorce cases, theparties agree to divorce under the premise, housing ownership has become the focus ofthe original, accused both sides of litigation, and divorce cases of both parties in the"property" phenomenon often see not fresh. How to range that the couple’s jointproperty reasonably, has become a difficult problem in current judicial practice.Because of this problem if we can’t get good solution, will not only hurt the divorce cases of the weak, and not conducive to the social harmony and stability. On the otherhand, although in the big background has promulgated the implementation of the threemarriage law judicial interpretation, but it can not be denied, for some real estateproperties in the divorce case of controversial cases, a marriage law and three judicialinterpretations may not be able to truly with no chink in one’s armour. The special issueis property to contact the civil trial of divorce cases involving the perplexing, variety,not fully in accordance with the law apply mechanically. In this paper, based on thelegal marital property system on the general theory of the couple’s joint property areintroduced, and then the court of our country objectively exists in the judicial practice insuch cases in the marriage relationship of real estate, and the combination of thematrimonial property in common that improvement of legislation and how to protect onissues such as women’s interests in detail.