Divorce Equity Division Law Studies

With the rapid development of social economy, the social wealth is seen more frequently than before and the property forms are also increasingly diversified. There are lots of changes in the ways and forms of investment due to the wealthy life of people. To obtain much more economic benefits, more and more families turned their traditional thoughts of putting the extra property in the banks to the capital market. Among the numerous investment ways for families, the most beneficial way is to get the stock right. Recently, high divorce rate is becoming a serious problem, which cause how to divide property in divorce has been a heated topic. Stock right is gradually becoming more and more extrusive among the common family property, which is also the main part of property division in divorce. Property division not affects the interests of the couple, but that of the third party, especially the stock right division.However, there is no specific principle in stock right division for the divorced couple in our country, among the marriage law, corporation law and its judicial interpretation, which leads the divorced couples have to use the adjudication rule instead of the regular laws during their property division procedure. Due to the differences among the different district courts, there are different court trial results, even in the same area between higher and lower court. In order to solve this muddying problem, improve the validity of stock right division and protect the legal rights and interests between the two parties of the divorced couples, I will share few opinions in this paper.