Research On The Identification And Segmentation Of Couple's Mutual Property By Divorce

Although China's marriage law and its related judicial interpretation of the common property of marriage and the issue of segmentation has been more comprehensive provisions,but the economic development and the lag of the law has been irreconcilable contradictions,especially as China's economic development with each passing day,People's living standards continue to improve,regardless of the number or type of increasingly rich types of property caused by judicial practice in the identification of husband and wife common property and division encountered a lot of new problems.Among them,only the handling of real estate is enough to allow judicial practitioners and legal theorists brains.Limited to the space and the author's ability to limit the issue of real estate processing This article only selected buyers and property owners do not agree with the identification of several real estate issues to explore.In addition,the question of the determination of the property of the parties during the separation of the husband and wife during the existence of the husband and wife relationship is also controversial.With the improvement of women's status,people's protection of rights requires a higher and more comprehensive,so that the discussion of the value of household labor has become increasingly fierce.Corresponding to the value of household labor,human capital and intellectual property rights of the attribution and distribution of the various interests of how the balance between husband and wife and other issues came into being.In addition,with the introduction of the judicial interpretation of marriage law(c),people on their personal property on the income of the provisions of marriage is also mixed.The above problems are not only a matter of controversy among the parties to divorce cases,but also the bones that are hard to crack in judicial practice.Because of this,it has inspired the author's intention and enthusiasm for these questions.It is the meaning of this paper to study these problems,analyze the existing legislative defects of marital law and judicial interpretation,and then put forward the corresponding suggestions to improve the judicial practice in dealing with related issues.In this paper,the actual case of the existence of the controversial issues as the starting point,to take the analysis,comparison,induction of research methods,and ultimately the problems discussed in this paper to form a targeted solution.That is,on the issue of property rights disputes,through the completion of the registration of property rights and marriage law as a special law priority over the property law to apply to improve the legislation to be resolved;on the separation of property during the ownership of the author that should be individual and appropriate Draw lessons from the successful practice of foreign countries in China to build a system in line with China's national conditions and the separation system in the design of the system for the protection of the system of property protection;on the determination of the value of household labor,I believe that with the human capital,intellectual property rights balance Like the coin on the front and back,to solve the problem is how to balance the interests of the problem,specifically through the expansion of household labor value of the compensation request to apply the scope of the development of household labor value assessment system and the establishment of divorce system to achieve;The author of the results of the study,the author concluded that the results should be based on the fruits of the "couples" contribution as a recognized standard,such as the fruits of the cohesion of the other side of the pay,it should be identified as a common property range of husband and wife,On the contrary,is identified For the personal property;on the division of the common property of the husband and wife,it is recommended that the court in the judgment of the husband and wife property to consider marriage-related,such as the duration of the marriage,the economic conditions of both spouses and the ability to make a living As well as the healthy growth of minor children and other factors,and strive to achieve the substantive level of fair division..In addition to the introduction,this paper through the following five parts of the study.The first part is about the case of judicial practice to introduce the case to lead to the discussion.The second part of China's current divorce husband and wife property identification and division of the system outlined in China's current law on the scope of the common property of husband and wife,husband and wife common property division principles and segmentation methods.The third part is to study the recognition and division of the common property of the husband and wife by the countries of France,Germany and the United States,and to explore the contents and practices of reference for our country,and to provide reference for the improvement of relevant legislation in China TheThe fourth part analyzes the existing legal and judicial interpretation of divorce husband and wife in the common property identification and division of the provisions of the existence of defects.It focuses on some controversial provisions in the current system,including the attribution of property in the special state,the ownership of the property during the separation period,the compensation of the household chores,the recognition and segmentation of the expected interests of the human capital and intellectual property rights.The fifth part is the legislative proposal to perfect the system of determining and dividing the property of divorce husband and wife in China,including the solution of property law and marriage law in the conflict of property ownership,constructing the separation system in line with China's national conditions,building the balance of household labor value and human capital value System,clarify the marriage before the property produced after the marriage of the attribution and division of husband and wife in the common property to consider the relevant marital factors and other recommendations.