Division Of Property In A Divorce Case Studies

With our country economy and the development of the society, the society, all kinds of thoughts in the history of the death roles, the idea of wifely submission and virtuein people's consciousness has gone, and combined with the rich in the economic life of all kinds of temptation, the divorce rate is rising year by year. Family is the basic composition unit of the society, a fair division of the divorce of husband and wife common property involved in the normal operation of the economic and social order, therefore, we must follow when dealing with a divorce case common property reasonable segmentation principle, to master effective segmentation methods, methods. China's marriage law of the People's Republic of China and the supreme people's court announced about applicable marriage law of the People's Republic of China, the explanation of some issues(1) and(2),(3), on the cognizance of the common property of husband and wife and did a series of regulations, the rules in line with China's national conditions, conforms to the social development stage and the level of people's minds, basically meet the demand for this problem in our country. But with the rapid development of society and market economy in China, has been appeared many new form of property types, how to divide the property also become a problem we must solve.In this paper, starting from a divorce case, thinking of the common property of husband and wife, and then from the concept of the common property of husband and wife, the scope and the basic principles of segmentation. Then from several kinds of common property in divorce lawsuit, special circumstances of the division of common property of husband and wife two aspects. The reality analysis and combined with our country's social system of our country about husband and wife common property identification and segmentation of defect and shortage, put forward its own legislation and practice recommendations.