"Economic Compensation" In The Division Of Marital Property Ownership

In recent years, with the complexity of marriage, property disputes between spouses increasingly prominent. Our legal system of the establishment and improvement in line with the requirements of the times, to a large extent make up for the previous outdated laws, and other issues is not clear enough, but the current practice, the law, once enacted already behind the times. "People's Republic of China Marriage Law" and "Supreme People's Court on the application explanation <People's Republic of China Marriage Law> Issues(a),(b),(c)"(hereinafter referred to as the "Marriage Law" and its judicial interpretation(a),(b),(c)) for economic compensation in divorce division of property in the sense of ownership of the labor law is still unclear, while the divorce property division interval is not reasonable. By Yang Jiang v property disputes after a divorce to prove the economic compensation should fall within the scope of jointly owned property, seeks to amend and improve the existing marriage law to return home, "one size fits all" the relevant provisions.In addition to the introduction, this paper will be divided into three parts:The first part is the case profile and the focus of controversy. This article first complaint Jiang Yang divorce property disputes briefly described, followed by extraction of the focus of the dispute case, the final list of the original, both sides accused the views and grounds.The second part is a case Analysis. In order to demonstrate the present case "economic compensation" of ownership, this paper first discusses whether 30 million of jointly owned property should be included in the scope section of the accused. Second, consider whether the divorce agreement for the division of property have agreed. Again, according to the contents of the defendant and the agreement of Kai Rong Group, herein the "economic compensation" for the dissection of economic compensation in two parts of the social insurance and labor law sense, and to the social insurance premiums are attributable identified.Finally, from the current "marriage" and judicial interpretation, and academic research similar cases after three aspects of economic compensation attributable to demonstrate, we draw on a range of economic compensation metal jointlyowned property.The third part is Thinking recommendations. For judicial practice only if the property during the marriage relationship continues to exist obtained as a division of marital property boundaries, this paper is based on Yang Jiang v divorce property disputes that involve long-term nature and causes before generating revenue exists in divorce in front of the property should break through the boundaries of time, "one size fits all" split traditional principles, drawing on demobilization fee segmentation and restrict their rights in an appropriate range.