Study On Common Property Division In Divorce Cases

Marriage and family is an important part of social life, and the joint property of husbandand wife is an important material basis for marriage and family relations, is of greatsignificance to the stability and maintain the relationship of marriage, the couple’s propertyrights protection. But with the development of China’s social market economy, all aspects ofthe joint property of husband and wife, the source range have undergone significant changes,at the same time the division of matrimonial property also appeared a series of problems. TheSupreme People’s Court published several issues concerning the application of "marriage lawof the PRC" interpretation (three), in which the relevant provisions relating to the commonproperty of the couple split range, segmentation, caused widespread controversy in socialmedia and legal circles, the field of judicial practice, the parties do not agree. Look backChina ancient "cohabitation property" Patrimonialism, re interpretation and the marriage lawjudicial now apply (three) in contrast, although its highlights the legal equality, promote thelegal procedures and rational process, but also makes the Chinese traditional family values,deepened the crisis accelerated the collapse of belief on law, makes people consider too manyfactors not considered in previous marriage before and during the marriage, to a certain extent,will let the lack of trust between husband and wife, is not conducive to the normalrelationship of marriage and family stability, is not conducive to the stability and developmentof society. The future of the division of matrimonial property, must pay attention to genderdifferences and gender equality is benign and interactive, and also pay attention to China oftraditional family ethics lessons and integrated absorption.China’s current legal provisions of applicable with the basic conditions of our country, withthe development of society and people’s ideological level, compared with foreign law, is aChina characteristic law, this is the advantage it has shortcomings and limitations. In thispaper, based on the legal provisions of our country at present to apply and the presentcomplicated social life reality, research method, case analysis method, through thecomparison and analysis of the application of existing laws and regulations, and relevantforeign laws and regulations and appropriate comparison, introduces typical cases occurred in the social life in order to deepen people segmentation rules and application understanding ofmarital property in China, analyzed our country related division of matrimonial propertyprovisions compared with foreign countries has the defects and deficiencies, combined withthe present stage of our country’s basic national conditions and the trend of socialdevelopment, put forward the legislative and practical suggestions, in order to improveChina’s relevant laws and applicable, so as to better to guide people’s lives, to provideguidance for the judicial decision.This paper is divided into five parts. The first part is introduction, research background andsignificance, both at home and abroad, introduces the main research methods and innovationand. The second part is the overview of the common property of the couple relationship, itintroduced the definition of the joint property of husband and wife, through a briefintroduction of what is the joint property of husband and wife and personal property incontrast, on the other hand list and briefly introduces the current legal provisions in the scopeof the statutory matrimonial property and appropriate interpretation, so that people canunderstand and a preliminary understanding of the common property of the couple. The thirdpart is to introduce China’s division of matrimonial property in practice. In this part, throughthe introduction of China’s practice of matrimonial property division principle, commonproperty division, with typical cases occurred in real social life, make people segmentationpractice of marital property in China understanding, and provide guidance and prediction forthe behavior of people. The fourth part is a brief introduction to the relevant state provisionsof other division of common property of the husband and wife. This part mainly introducesthe German "property to increase the amount of joint system" and "pay Singapore accordingto the division of common property", also introduced foreign related personal property afterthe specified yield segmentation, law and related to our comparison, make people understandthe relevant provisions of the foreign friends. The fifth part is the fourth part and on the baseof comparison, analysis of the pros and cons of China’s division of matrimonial propertysystem, practical suggestions are put forward to implement the important property of thevalue of housework in order to better protect the rights and interests and short marriage due toinheritance or bequest income should not be used as the common property of the couple split up and perfect the legal provisions of our country, to better guide the practice of law.