| Divorce dispute, division of property has been the focus. Among them, because the value of building large, high appreciation of space, but also become the division of property in the most difficult problem. As China’s housing reform policy further step by step, the building trades has basically come into the market free trade stage. People can through fair and open market transaction means buy complete property house. According to the national laws and regulations complete property registration, and obtain the clear right house. Although this kind of clear property rights houses, division of property in a divorce, it is difficult to solve. From our successively in "marriage law" issued three department judicial interpretation is not difficult to see it. In the80s in order to solve the housing supply and demand imbalance and the state in the contradiction between the shortage, our country put forward the construction of this kind of incomplete right houses, named Jizifang. In the husband and wife of family life and with this kind of house for family house. In the husband and wife fall request the people’s court division of the couple’s property, it belongs to the determination, is more a problem of judicial practice problem.Based on the opening line of this article is listed the judicial practice of three typical cases, they from different point of view reflects the divorce JiZiFang segmentation in the practice of the bones. Although this is just a property division,the controversial point is different. That’s to say, on this issue, there are many problems to be solved, and the corresponding laws and regulations did not make clear a regulation. Although our country law has to face up to the reality of the particularity of the property and give special provisions, to JiZiFang this kind of enjoy special treatment policy also has particularity house but did not mention. If directly applicable to common property or mortgage room segmentation method, there are holes in the applicable law. So the author from the legal nature of JiZiFang analyzing and discussing its not suitable for direct Marriage Law provisions of the division of property of the reason. Tries to through the analysis of our country law for house segmentation of the basic principles and methods, consider the cohesion with Matter Right Law. To find the most suitable methods for divorce JiZiFang segmentation of dealing with the problem in the existing legislation background.Based on the analysis of the first stage to focus the analysis on the JiZiFang legal concept and legal nature,and this reflects its object differences with the Marriage Law about the judicial interpretation of the provisions in the house. Obtain that is not suitable for directly applicable to the provisions of the relevant conclusions.Based on the second part of the reading from the present legislation for divorce on the basic method of division of property. Finishing the processing attitude and method under the background of the current legislation in China. Since there is no clear law for divorce JiZiFang segmentation provide treatment method,the author in the following content will use the traditional division of property theory to analysis the influence of ownership of a thing. The first consideration is the property right of the building ownership, this part focuses on the ways husband and wife have JiZiFang, combined with legal provisions, determine the ownership status.In determining the house for community later, the author thinks if according to Marriage Law’s "equality discretion" to segment JiZiFang is someway injustice. Therefore put forward suitable for JiZiFang segmentation processing method.In the background of not to deviate from the traditional legislative spirit of the original intention, consider introducing the principles of fairness and compensation mechanism method, legal and reasonable deal with the problem. |
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