The Research Of Marital Joint Property Division Regime In China

Partition of marital joint property is a new regime, which is the husband and wife jointly owned property divided in the duration of the marriage relationship, and the property divided own to individual. This form of property division not only provide protection property rights and interests of the weak husband and wife at the same time also maintain the integrity of the family, compared to traditional divorce division of property and "no agreement no partition", partition of marital joint property embody the flexible of China’s Marriage Law in adjustment of marital property relationship. But in the judicial practice, due to the third judicial explanation of China’s Marriage Law still exists some issues or shortage on partition of marital joint property, so it may leads to uncertain or distinction from other co-defendants sentenced. In view of the more perfect partition of marital joint property systems of Macao and Taiwan regions, and some civil law countries such as France, Germany, Italy, it’s very necessary to research content of partition of marital joint property in our country speedy and explore ways of division of partition of marital joint property.This Paper is divided into four parts, using the logic analysis, case analysis, system analysis, literature analysis and basing the relevant system of other countries. Part I introduces the related basic theory, mainly includes the common property system, the methods of common property division, and basic theoretical knowledge of partition of marital joint property. Part II analyzes the basis of existence and value of partition of marital joint property from theoretical and practical significance. Part Ⅲ analyzes the problem of marital joint property division system in our country from the different perspectives, focusing on the definition of marital joint property division situation, the protection of creditors, the scope of the joint property division and the effectiveness problems after joint property divided. Part IV is talking about pondering how to perfect the regime of marital joint property division. First, increase marital joint property division situation appropriately on the basis of without violating legislators’intention. Then, we should consider dividing all or part marital joint property according to different division situations. Finally, analyze the internal and external validity after the marital joint property division.The innovation of the paper lies in:firstly, I put forward a new Suggestion about marital joint property division that is we should consider dividing all or part marital joint property according to different division situations, but not dividing all property uniformly. Secondly, I put forward that husband and wife still have the duty to maintain each other after the marital joint property division. This obligation of maintenance is not terminated according to the division of joint property. Thirdly, on the aspect of creditor benefit protection, in addition to some scholars proposing to allow creditors to file a suit, I suggest the spouses should to repay the debt before dividing joint property so than the law can protect the interests of creditors better.