On Divorce Marital Property Division Legal System

2001, in1980marriage law under of based Shang, once again, China’s marriage law has beenmodified and supplemented, the principle and method of property Division in divorce, NewMarriage Act provides for the principle of equality between men and women, the principles ofcare for the children and the woman’s interest, full material utility principle, the principle ofrespect for the wishes and the principle of abuse of rights may not,to the extent possible, to takecare of the interests of the weaker party. In2011, the Supreme People’s Court promulgated theDeclaration on the applicable <People’s Republic of China IP on marriage (III)>,in the judicialinterpretation of the new law on marriage and the Marriage Act (I),(II) further refined on thebasis of our system of separation of property between husband and wife divorce,but thatinterpretation (III) does not solve all the problems of divorce, separation of property betweenhusband and wife in China. Therefore, the issue of intangible property of marital propertysegmentation as the core of discussion, and strive to systematically discuss the advantages anddisadvantages of division of property in divorce, and through the following three aspects tofurther improve China’s system of the division of property in divorce:First, drawing on UnitedStates legislation relating to intangible property Division, while recognizing the rights of holdersof intangible property, intangible property, on the one hand to the other side must becompensated; Second is to introduce principles of equitable division, Third, buildingmaintenance system after divorce, to better safeguard the economically disadvantaged whendivorced life after divorce.