Improvement Of The System Of Divorce Division Of Property

In recent years, with China's national economic and social development, the property of human beings have the great changes in species and quantity, the number of divorce cases in the trial practice is also rising, compared with the previous divorce cases. The biggest impact from economic and social development on divorce cases is to make the divorce property division more intensely controversy, the problems of the common property division of husband and wife have become increasingly prominent.In 2011, the Supreme Court has issued interpretation of several issues (3) of ?marriage law of the People's Republic of China?, the common property of husband and wife and its division system of our country were improved on the basis of ?marriage law? in 2001 and judicial interpretation(1), (2) of marriage law, it solved the problem of part of the couple's common property division, but there are still a lot of problems in the interpretation(3) of marriage law:1. Not completely solve the problem of some traditional division of the couple's property, and has not focused on the growing economic and social, not cover some of the new problems the new situation encountered in the division of marital property, therefore, there are no rules to follow in the judicial practice.2. The definition of the scope of the divorce property, the principle of divorce property division is not complete.3. Many of the principles of the provisions do not have the maneuverability, for example, in judicial practice, it is difficult to grasp the scale of the principle of "care for women and children".4. In foreign countries, many countries have carried out legislation on the segmentation of intangible property, there was no mention and relevant provisions of the issue of taking care of the disadvantaged after divorce in law explanation (3),it's a loss of fairness principle. Therefore, This article would like to compare on the status quo of the divorce property division system in China and the divorce property division system with foreign countries, putting forward a sound proposal on the incomplete part of the divorce property division system in our country.Besides the preface and the conclusion, the thesis consists of four parts:Preface introduces the background, research status, purpose, significance and research methods of this paper.The first part focuses on the definition of the legal concept of divorce property division system and its legal connotation, mainly introducing the concept, scope and classification of the property of husband and wife, and the related legal issues related to the division of the divorce property.The second part is the comparative study of the system of divorce property division, including the longitudinal historical investigation in the United States and the horizontal comparison between countries, it can be divided into three levels:first, introducing the historical evolution of the divorce property division system in China; Second, introducing divorce property division system in foreign countries; Finally, studying the development trend of divorce property division in the world and its related references. Through the introduction of the evolution of China's divorce property division system, it helps us to understand the current situation of divorce property division. At the same time, it introduces the divorce property division system of the four political and economic countries in Germany, France, Russia and the United States. Based on the analysis of above, this paper analyzes and forecasts the legislative idea and trend of the divorce property division, the form of the divorce property, the protection of the disadvantaged, the determination of the common property of husband and wife, and so on in all countries.The third part describes and analyzes the defects of our country's divorce property division system. This part mainly analysis many shortcomings of the divorce property division system in our country from two aspects of legislation and legal practice.The fourth part put forward the suggestions of perfecting our country's divorce property division system. This section will take three aspects as the core, the perfection of relevant laws and regulations, the perfection of the application of justice, and the perfection of safeguard measures, discussing the system of divorce property division in our country, and puts forward some suggestions to improve the system of property division of divorce in our country.The conclusion part points out that the husband and wife property relationship plays an important role in the marriage and family legislation, it is not only related to the stability of marriage and family, but also the stable and harmonious society, having a far-reaching influence in the development of the society as a whole. But nowadays there are still a lot of problems in the divorce property division system in our country, we hope that the legal profession and the legislative community can pay more attention to the divorce property division system, to improve the division of marital property system in China as soon as possible, making the division of marital property more fair and justice.