Divorce Proceedings In Equity Segmentation Of Husband And Wife Legal Issues Research

The development of social market economy increasingly mature, people’s capacity to produce wealth and opportunity also greatly enhanced, and the standard of living has been a qualitative leap, different levels of the crowd wealth storage form is also show a trend of diversification, not only keep the original money and other tangible property, the majority of people for the performance of knowledge property right of human capital, or some expected income and other intangible property form, in the family the marital relationship during these various forms of property for a family to provide material guarantee, but at the time of divorce, these various forms of property have brought a lot of difficulties in segmentation, because the law does not explicitly display how the intangible property splits, which resulted in the gaps in the law, so that the common property of the couple between the intangible property division became the most controversial part of the two sides in the divorce proceedings the parties.This paper studies on the divorce proceedings in the couple’s joint equity segmentation problem analysis, and finds a more reasonable segmentation mode, in order to achieve the further improvement of the law, and provide theoretical basis for practice. This paper is divided into five parts, the first part is the introduction, mainly expounds the research background, research objective and purpose of the research, comparative analysis and present situation of the domestic and foreign research, as discussed later pave the way; the second part is husband and wife equity segmentation is outlined, a statement of the relevant concepts, and principles and methods of equity segmentation are introduced, providing guidance for the treatment of husband and wife more reasonable ownership segmentation problem; the third part is the present situation of legislation in our country about divorce proceedings in equity segmentation analysis, through the analysis of proposed our country exists in the equity segmentation’s question; the fourth part mainly introduce the foreign related legislation on the equity segmentation and judicial practice, absorb and learn advanced methods and experiences abroad on equity segmentation; fifth part is the countermeasure of our country perfect couples divorce proceedings in equity segmentation, through theoretical study and put forward the Countermeasures of reasonable, establish the related system and system, reduce the equity segmentation problem in the divorce litigation dispute. Through the discussion of this paper, in order to perfect and practice of the laws and regulations of the husband and wife in the equity segmentation problem to help provide theory, and it reflects the meaning and value of its existence.