Research On Division Of Matrimonial Community Property During The Marriage

Thanks to the on-going economic reforms, we have gained enormous rich martial and agrowing household income. Therefore, husbands and wives have had strong sense inmarital properties, and it is the reason why complicated domestic dissension happensfrequently. Fights about the properties occur not only when couples get divorce, butthoroughly through the period of the marriage existence. Issues needs a continuousperfection of related laws and regulations. Property law and family law of judicialinterpretation(2011) was put in force, which showed the marital properties division hadbeen legislatively recognition. It is a great step we country takes in providing a legislativeauthority for marital properties division. Nevertheless, system, content and the range ofapplication, etc., are still obstacles when the related laws are trying to be applied in the realdomestic argument. It should be the problem to be solved for the new-related maritalproperties division judicial interpretation. This article starts with basic theories on maritalproperties division, and analyzes domestic and overseas related laws, and will throw outspecific suggestions on perfecting our domestic marital properties division.This article altogether is divided into four parts except foreword and epilogue：The first part introduce and analysis the basic theory of marital property division briefly.Marital property division is a new legal phenomena associated with economic development.The first part is mainly study of its meaning, characteristics and essential problem deeply,summed up five basic characteristics, these are the time-specific, the legal situation,infringement rights, the program-specific and mutual property. Matrimonial propertysystem is the theoretical basis of marital property division, is the premise to understand themarital property division. Mutual property of the spouses is the material basis of maritalproperty division, without mutual property of the spouses,there is no marital propertydivision.The second part of the research division of marital property system and the cause offormation of legislative value. Division of marital property system is not have some sinceancient times, it is accompanied by increasing social and economic development level,traditional culture development and women’s status in society, which developed from rising.It mainly include perfect matrimonial property system, the promotion of women’sindependent of personality,in order to realize equality between men and women, to betterrespond to the complicated marriage, and ensure the transition security to maintainmarket stability.The third part analyzes the legislative situation of the marital properties division system.In statutory law, there have been formed a mature terms about the marital propertiesdivision, these details were be to formulated in exceptional marital properties division in many countries. According to research the legislation status of China’s marital propertiesdivision system and "The Marriage Law","The Property Law"," judicial explanation of themarriage law (three)", and research the legislative situation about statutory law andcommon law relating to marital properties division system, summarize and analyze theshortcomings of our country’ laws.The forth part presents the perfection of the legal regulation of marital propertiesdivision.The problems which aim at our marital property division laws system, proposedthree specific legislative proposals, they are the legislative basis of marital propertiesdivision and the concept of marital properties division, suggested reason, the effectiveness,in order to solve this problem.