Research On The Legislation Of The Common Property Of Husband And Wife In China

In today's global integration, China's economy is developing rapidly, the level of the national economy is increasing, the number of property types is increasing, the number is growing. According to the Ministry of Civil Affairs issued this year, the 2014 social services development statistics bulletin, in 2014 the national law for divorce registration totaled 3637000, an increase of 44% over 2013. Data show that since 2003, China's divorce rate has been 12 consecutive years of increased state. As most of the divorce cases involving property issues, the divorce rate is rising year by year, the divorce property division disputes are becoming more and more popular. In division of property, the simple distribution of the two is not divided into two, the first need to clear is the property of the husband and wife common property, but in judicial practice, the scope of the common property of husband and wife is still divided. In order to protect the integrity of the judicial application, this paper studies the basic theory of the legislation of the common property of husband and wife from three cases in the judicial practice.This paper is divided into the following four parts:In the first part, the main part of the paper is to define the scope of the common property of the husband and wife, and then put forward the controversial issues involved in the case.The second part, mainly from the basic theory of the scope of the common property of husband and wife, discusses the concept and characteristics of the common property of the couple, the types of common property of the husband and wife, the significance of the scope of the common property of husband and wife.The third part, analyze the development of China's matrimonial property legislation, on the basis of the existing research, combined with judicial practice pointed out the shortcomings of existing legislation, including inheritance or bequest, gift property income as the joint property of husband and wife is insufficient; parents financed the purchase of house ownership and the relevant provisions of the more general; of husband and wife during the marriage party or purchase of the two sides of the "housing reform housing" ownership identified still need further clarification; couples during the separation of property ownership lack rationality; during the marriage of one side or both sides of the creation of intellectual property look forward to the interests of ownership and premarital property after marriage the fruits belong to law is not reasonable.The fourth part, combined with the above three parts, propose the suggestion that consummates our country scope of jointly owned property legislation, including perfect inheritance or bequest, gift, the provisions of the income property ownership; according to actual situation of parents financed the determined couples housing ownership, clearly defined "housing reform housing" workers enjoy the welfare policy; improve the couple separated during the ownership of property; during the marriage of intellectual property expect interest should be included in the scope of the joint property of husband and wife; after marriage, the marital property clear to refine the fruits of attribution.