Research On The Recognition And Mentation Of New Type Husband And Wife Joint Property

With the continuous development of our society and economy, people’s living standards continue to improve, people’s property types are also increasingly rich, more diverse forms. The marital property in the divorce segmentation involves not only housing, deposit sand also appeared home thing, common equity, labor diploma, occupation certificate and license and other new form of property, may have more new property type appears later, these new changes, new situations so that at the time of divorce division of marital common property becomes more and more complex, a huge impact to the traditional theory of the joint property of husband and wife. The relevant judicial introduced our country "marriage law" and the interpretation of the Supreme People’s court established the marital property system, the scope of the joint property of husband and wife and personal property to make a more clearly defined, has strong pertinence, practical, and for the judicial practice of our country has important function of guidance. However, these laws and relevant judicial interpretation still exist some shortcomings and the comprehensive place, some terms do not have a strong operational, particularly in relation to the ownership of property and these problem of some new types of the existence of fuzzy, not perfect place seven legal blank. This article hoped through tour country present "marriage law","company law" and other laws and regulations and the judicial interpretation on the joint property of husband and wife segmentation system analysis, focusing on analysis of existing system of the couple’s joint property of the problems and shortcomings, and put forward the corresponding improvement suggestions.The main research object of this paper is China’s marital common property division system, according to the current situation of marriage and family legislation of our country, combining the new changes in the marriage life under the new situation to launch the analysis.In addition to the introduction and conclusion, this paper consists of four parts.The first part describes the related concepts and basic theory of the property system of husband and wife.. Including the current marital property system of the relevant overview, and introduced the relevant property system of the couple in our country.The second part is the new style of husband and wife common property which appeared under the new situation.. Which relates to the marriage life of the family labor, diploma and license and other human capital, intellectual property can expect interest and husband and wife common equity.The third part is the combination of our current laws and regulations as well as the relevant judicial interpretation, the new property types of the legal aspects of the analysis.The rapid development of our society makes the division of common property of husband and wife more and more diversified and complex..The fourth part is the new situation of the society, and puts forward some suggestions and measures to improve the common property system of our country.. In the process of the contemporary social legislation, the equality relationship between husband and wife is more attention, and the reform of the world is also carried out according to the changes of society.