The Study On The Ownership Segmentation System Of The Couple In Divorce

With the improvement of people’s living standards and the development of social economy, people’s investment form is increasingly diversified, equity gradually become one of the diversified forms of social wealth. In recent years, with the increasing divorce rate, the split of the couple’s equity is an important issue when they divorce in the judicial practice. It also becomes an important topic in academic circles. Because the division of the total equity of the couple is not only related to the social ethics, But also involved in the company law, marriage law, and many other legal coordination. And the relevant laws of our country are not very clear about the problem, so that it becomes "vacuum" zone.With analyzing of the issue of the split of shared equity of the couple in divorce, and finding the deficiencies of current segmentation methods in judicial practice, then putting forward relevant suggestions for perfection to hope that the issue of equity segmentation can be better resolved in China, except the introduction and the conclusion, this paper is divided into four parts.Through the case of the form of related issues to define the scope of the property of the couple, the first part discusses the concept and characteristics of the ownership of the couple. On the basis of that, this part analysis the ownership whether can be divided as a whole or not, then points out the difficulties in the present disputes.The second part briefly analyses the legislative and judicial status quo of the couple shared equity in our country, and introduces the relevant departments of the equity division and equity transfer regulations. At the same time, it points out the difficulties of the split of the couple shared equity in our country, and expounds the nature of the shared equity of the couple and the method of the ownership of the ownership, with combining with judicial precedent for the split of shares of the relevant judgments for classification analysis.Based on the provisions of the law of the National Co in the civil law system and the Anglo American law system, the third part discusses on the issue of equity segmentation in limited liability company, and elaborates the restriction stipulation of the equity transfer in different regions. Combining with the current legislative status of China, this part also analyses the issue of corporate equity segmentation in the couple property and puts forward some suggestions with contrasting foreign legislation.The fourth part, through analyzing of the above three parts, finds the difficulties and shortcomings of the existing equity segmentation methods in the couple shared equity in China. With the consideration of the human nature of the limited liability company, this part points that the judge should take measures to adjust the contradiction between the parties and the company in the judicial practice. In addition, in order to make the split of the couple shared equity orderly, in the current law of our country, except for the confirmation of the couple shared the stock system, it also needs to improve the equity segmentation principles, procedures and the rules of evidence in divorce proceedings and so on. For this series of difficulties, the author puts forward her own views on the perfection of the stock split system of the couple shared equity.