Husband And Wife Common Property Division System Research In China

With continuous development of market economy and unceasing enhancement of people’s living standard in our country, the means of access to property also becomes rich. Compared with what it was in traditional sense, marital property has undergone great changes in its sources, types and the ways of realization. Therefore, we will be faced with many new situations in dealing with the division of marital property. Many families have not only property in traditional sense, such as deposits, housing, but the intangible assets, such as intellectual property rights, etc. In handling such cases, we need the knowledge not only of civil law, but of company law, intellectual property law and so on. Due to the development of market economy, economic relations between people have become increasingly close. It inevitably involves the interests of a third person in dividing marital property. In order to adapt to the above situation, China has made constant amendment to the marriage law and the supreme people’s court has issued a series of judicial interpretation, which however has not solved the real problems. In this article, through analysis of the reality and by drawing on the experience of relevant foreign legislation practice, the author points out the problems existing in the current legislation in China. Firstly, the definition of housework is not rigorous. Secondly, the provisions on ownership of income property and debt repayment liability during the period of separation are not reasonable. Thirdly, the rules on segmentation of the equity held by one party of a couple as well as on segmentation of earnings from intellectual property rights need improvement. Fourthly, the distinction between compensation for divorce damage and division of marital joint property is not clear. Fifthly, measures to safeguard the enforcement are insufficient. To solve these problems, the author, on basis of analysis of foreign institution on division of marital property and combination with the reality in China, suggests confirming the value of housework in the marital property, distinguishing between the compensation for divorce damage and the division of marital joint property, and establishing a property report system to ensure the enforcement, thus safeguarding the legitimate rights and interests of both sides of couples and maintaining the stability of family life and the society.