Research On The Legal Issuse Of Divorce And The Equity Segmentation

With the rapid development of china’s economy, the national economy is i n a good trend of development However, the development is a double-edged s word, it brought the income increase, but also brought a lot of social contradic tions. Divorce has become the most prominent social problems, and the divisio n of common property became a hot topic in contemporary society. As a speci al kind of property right, the proportion of equity in division of common prop erty is increasing. But in judicial practice, there have been many disadvantages i n the division of common property. Both marriage law and company law hav e regulations about the division, but which laws to follow and how to complet e the division are blank in legislation.This paper begins with two cases which lead to the definition of equity, t he analysis of couple’s equity and how to division the equity. Then cited the domestic and international legislation, focusing on the regulations of Korea and France, and learned the imperfection of the relevant legislation of our country. The forth chapter pointed out the difficulty in equity division from the aspect s of how to determine the owner of the equity, the value of the equity and th e imperfection of the relevant regulations. At last, propose the countermeasure through the comparison with the study aboard.This paper leads to the subject through practical cases, and analyze the cu rrent situation and inadequacies of relevant regulations, compare advanced forei gn legislation with our own system, and then propose a countermeasure. Using the case study method and literature research method to analyze, process and summarize.