Research On The Determination Of Matrimonial Community Property

The family play an important role in social life, it contribute to an orderly, stable society, meanwhile, the husband-wife relationship is the core of the family, good marital relationship is the key to keeping the family healthy and happy. Marital relations, including relations of both identity and property, clear and reasonable property relations is an important guarantee for a harmonious relationship between husband and wife. There are many problems in civil law about the matrimonial property relations, personal property and common property boundaries are not clear, there are a number of difficult issues identified in the jointly owned property, such as human capital, pre-marital property’ benefits after marriage, income from intellectual property issues, these difficult problems remain to be solved in practice. Currently, the divorce cases is in the first three cases, cruel reality calls for enriched and improved marital property system, by studying property identified issues, it is good to improve family legislation, and clear rules of adjudication, and provide guidance to judicial practice determined to solve marital property dispute. In this issue, the historical research methods, empirical research methods, comparative research methods, in order to make some contribution to identify property.This paper is divided into three parts, the first part is the definition of the concept of matrimonial property and its distinction from other concepts by combining different theories, the second part is about the three dimensions of jointly owned property, the main dimensions, the time dimensions, the way dimensions, this three dimensions are based on the existing law, and combined with advanced foreign legislation, the third part is some particular problems, such as human capital, personal property after marriage, the intellectual property identification.