3Comparative Study Of The Division Of Property In Divorce Between China And German

The division of property is one of the focal issues in the divorce proceedings which is relatively objective and controversial. The first marriage law in China was born in 1950, after several amendments, each amendment has varied controversy about the system of property division in divorce. In July 4, 2011 by the Supreme Court passed " Interpretation(III) of the Supreme People’s Court of Several Issues on the Application of the Marriage Law of the People’s Republic of China" to further strengthen the focus on the weak side of the marital relationship, to strengthen gender equality which is the basic principle in family relationship, to highlight fairness and justice as the central role in marriage and the family.The Marriage Law of Germany is closely related to the historical development of German laws, characterized mainly by the following two aspects: on the one hand the marriage in German law is defined as the registration of marriage in national authority, the divorce should also be achieved through the family courts; On the other hand, the Marriage Law in Germany is more complicated and follow the principle of gender equality while focusing on protecting the rights of individual family members. Due to the background of history and culture, traditional social consciousness, religion, personal values and other factors, there are big differences between the marriage law of China and Germany in the scope definition of the initial property and the final property, the status of family housework in property gain, grant in the continuous period of marriage, gift based on marriage relationship, and some other issues.But note that, the purpose and pursue of legislation are the same between China and Germany which are about guarantee of divorce freedom, opposition of hasty divorce, strengthen of divorce relief and social justice & legal fairness to protect the interests of the weak. In this case, the marriage law of China and Germany are very comparable.In this paper, the reasons for the birth of the Marriage Law accompanied with their advantages and disadvantages and development space are discussed from the evolution of historical development, social background, legislative and institutional environment to explore legislation trends about the system of property division in divorce. It can provide a reference for legislative trends to improve our system of property division in divorce by analyzing the differences between the two countries in this field and exploring our achievements and shortcomings through the institutional development of the system of property division in divorce.