Joint Equity Segmentationg Problem Research

With the rapid economic development, accumulation of social wealth, property formsmore and more diverse. People’s lives richer, widen the investment channels and forms ofinvestment have also diversified, more and more families, changed to save money, theremaining capital into the market, earn more interest. Formed by the marriage and familyrelationships, food, clothing, shelter, everything can not be separated from economicexpenditure and matrimonial property play an economic role, matrimonial property, get equityin the company, is one of the growing number of couples form of investment. Also along withrapid economic development, the transformation of the concept of marriage and family,divorce in China which is also a "rising tide", divorce property other than regular cars, houses,savings, home appliances and other involved more equity.Due to ownership of matrimonial property is a new form, accompanied by a marital splitownership disputes become more complex, such as: the determination of equity ownership,equity value determination, the equity segmentation procedures, couples not shareholders ofproof in a proceeding, the Court applied the marriage law and the law of two differentdepartments, and so on. Combined with the provisions of law regarding matrimonial Divisionsystem in China is far from perfect, the existing laws and regulations cannot solve the newproblem that has emerged in the social life, States should give full play to the mediating roleof the law and improve relevant systems. To this end, the author specializes in matrimonialDivision problems, put forward some of its views, with a view to protecting the legitimaterights and interests of the parties and improve the system of Division of matrimonial propertywas built to make suggestions. This paper is divided into five chapters:The first chapter. Main writing background and significance of the choice of thesis topic,research methods, research and innovation. The author through his own experience andsearching for relevant information, found that in recent years, whether the divorceproceedings or the Division of marital property in marriage proceedings, joint ownership splitmore and more disputes and increasing influence. Economic law: the comparative analysis ofthe relevant legislation and research, found that the main problems in the judicial practice, andput forward a proposal. Chapter two introduces the matrimonial Division overview and related legislation.Section defines the concepts and features of matrimonial Division. Section II with relevantlegislative provisions of the matrimonial Division at home and abroad, using methods ofcomparative analysis, points out differences in legislation between China and other countries.Third chapter of the matrimonial Division in China’s judicial practice, the basic methodsand principles. This chapter describes the Chinese court in the trial of the basic methods usedin such cases: direct segmentation segmentation method and discounted compensation law,auction law, as well as the applicable basic principles: the principle of equality, the principleof consensus, in looking after the vulnerable side principles, favorable and convenient lifeprinciples.The fourth chapter describes problems in judicial practice of matrimonial Division inChina. A total of four sections of this chapter, separately from the equity value of definitionand determination, spouses ’ rights in litigation protect imbalances, caused Division andcorporate structure issues dealt with controversial research on four different angles. Factorsthat affect stock identification and value, husband and difficult of proof and the right tonon-shareholder cannot be guaranteed, Division led to a limited liability company and shareprice fluctuations caused by inconsistent quorum and dealt with.Fifth chapter of perfecting the system of matrimonial Division proposal. According to thefourth chapter of the main problems, put forward a proposal. First, standardize the system ofjoint ownership registration, filing, and respecting the principle of party autonomy andself-government is preferred, public authority intervention of the Court as an exception, toensure fairness and equity value evaluation of scientific. From equity itself, identify problems,analyze and solve the problem, for the case of a procedural hearing less disruption. Second,strengthened on couples non-shareholders party interests of protection efforts, implementationproof responsibility inverted, and strengthened equity preservation system and on couplesshareholders party malicious transfer equity of punishment system, full body first hasmarriage on vulnerable party of protection spirit, balance has couples both due to shareholdersidentity of different, led to of interests protection efforts of not equal, guarantee couples bothon common property of benefit right, achieved real meaning shàng of fair. Once again,perfecting the company law and the relevant provisions of the Marriage Act, special provisions make limited beyond the statutory number of shareholders, perfect weddingcouples in dividing joint ownership lawsuits related to the system set-up. Finally, the Divisiondealt with controversial solution, will be tried in separate identity and relationship will beresolved, or the use of special courts to determine the financial status of both spouses, thensplit, eventually reached junction, improve efficiency and the quality of handling cases.In summary, through three steps to find, analyze and solve problems, economic analysisusing comparative methods, combined with relevant provisions from one another reasonablereference, concluded his opinion, in the hope that future perfect marital property system in ourcountry is useful.