Analysis On The Determination And Division Of The Equity Of The Limited Liability Company In The Divorce Proceedings

Today, with the development of social economy, the common property of husband and wife also broke through the category of traditional property, such as stock right, such as shares. China's "marriage law judicial interpretation(two)" on the "capital investment" and other investment property of the division made a more detailed provisions, and fill some of the gaps in the law. However, this judicial interpretation still has a large complement and perfect space. This paper takes the determination and segmentation of the limited liability company's equity as the research object, through the consideration of the theory of limited liability company's equity, and interprets the relevant laws and judicial interpretations of our country, and gives some suggestions to improve the judicial practice.This paper is divided into five parts except the introduction.The introduction. This part mainly introduces the research situation and the practice of the limited liability company's equity division, and the theoretical significance and practical value of this topic.The first part is the case study. This part mainly introduces the origin of the case, the request of the parties to the case and the reasons for the case, and the court's trial.The second part of the main focus of controversy in this case. This part mainly introduces the main disputes and differences between the parties to the legal facts and reasons of the case, which leads to the problem of this article.The third part of the theory of limited liability company. This part mainly includes three aspects: first, the concept of limited liability company's equity and the basic theory of legal nature; second, the common equity theory of husband and wife; third, the legislative interpretation of equity segmentation. This paper mainly introduces the current legislation on the equity division and its limitations.The fourth part of the limited liability company's share of the practice considerations. This part mainly introduces the current situation and difficulties of the split of the divorce proceedings and the causes of the difficulties.The fifth part of the divorce proceedings in the limited liability company's share of the perfect proposal. Mainly from the legislation of the common stock ownership system, the perfection of the burden of proof, the strengthening of the litigation preservation measures and the establishment of the equity value evaluation system, the perfection and the hearing system of the equity division is introduced.The sixth part case analysis. In this paper, the theory and viewpoint of this paper are summarized.