Research On Legal Issues Of Marital Property Division In Marriage

With the development of Market Economy, people’s material wealth is overwhelming mat, The source of property and its way to own capital has also become more and more complex, caused the management and the property disposition dispute ensued gradually between husband and wifeproperty. This is not only reflected in the divorce dispute, It’s more frequent during the marriage, both husband and wife choice to protect their property interests in marriage as a way of rational and low cost.Family is the cell of the society, if the problem of the property can be solved properly related to the stability and harmony of family and society, our country has been according to the2001revision of the marriage law and its judicial interpretation as a solution to the problem of marriage, but with the change of the social economic development and people’s thought idea, the original the law has been unable to meet the needs of society (adjust the marital relationshipneeds), how to adjust the marriage and family relations in new era become a major problem facing the modern marriage law. With the Supreme People’s Court on certain issues in the application of 《marriage law of the PRC》 interpretation (three) issued, breaking the original restrictions that couples could only separate their property when divorce, It is more conducive to the protection of the harmony and stability of a party’s and the family’s legitimate rights and interests. It has some similarities to a certain extent with the Abnormal couples property system, by analyzing the legal status and character segmentation on our marital property, combining foreign mature legislation, puts forward some concrete measures to improve (recommended), in order to improve these gmentation of China’s Marital property division to provide reference.In this paper, Author mainly through through the following five chapters to talk about this topic: The first chapter is a division of marital property marital regime and its related concepts elaborated, by the introduction of the matrimonial property regime leads to marital division of jointly owned property. This section includes an overview of the object marital property regime, the meaning and characteristics of marital property division regime and the Objects of marital property division in marriage。The second chapter on the settlement of our judicial practice and legal marital status of the couple’s joint property division analyzed, pointing out the problems in the marriage of the couple’s joint property division at this stage, such as the case is too narrow, there is no uniform judicial practice, the specific standard, traditional thinking and realistic conditions for the constraints of marital property division, etc., in order to do the groundwork to propose solutions to the following countermeasures.The third chapter describes the requirements for foreign marital property division system jointly select France, Germany, Switzerland, the three countries more representative legislature, by dividing their marital situation applies jointly owned property, and the right to apply for person legal effect analysis and comparison, today’s more scientific discovery solution to this problem and more mature solutions in order to provide some reference in dealing with similar problems in our country.The fourth chapter is the real demand for the establishment of a common system of marital property in marriage, respectively, from economic development, protection of the legitimate interests of individual couples, in line with international legislation and other advanced countries of the necessity of establishing the perspective of marital property division of marital analyzed.The fifth chapter is the most core content herein, respectively, from the macro and micro aspects of the division of marital property marital regime has been designed on the basis of previous research paper. First of all, define the principles of division of marital property marital regime should be followed, then followed with China’s specific national conditions, respectively, from the clear and other specific aspects of the introduction of the system, improve the applicable circumstances, to improve the effectiveness of the system within a couple of marital property division regime proposed the idea, with its modest contribution to the progress of the marital property division in marriage.