Research On The Shareholding Division Of Husband And Wife In China

The division of common property of husband and wife is a inevitable problem when judges dealing with the divorce cases. Because this problem is directly related to husband and wife's life after divorce, it even indirectly affect the growth of minors in the future, the judges should be more careful when dealing with the problem. With the high-speed development of our society and economy, people's life also becomes richer, the performance of the common property of couples is becoming more and more diversified. When author collected divorce cases in Chinese referee instruments net, she found that in addition to the traditional couple's property, such as bank deposits, houses, cars and other tangible property, equity, intellectual property and other intangible property are becoming more and more frequent.In this paper, the author take couples' common equity segmentation as the research object,and the paper is divided into three parts,introduction, body, conclusion. Due to the problems of couples' common equity segmentation is appeared more frequent in the limited liability company, so this article only focuses on the subject of a limited liability company to discuss couples' common equity segmentation. The introduction of the paper includes the writing background, the problem, method significance and innovation of the study.The paper comprises four chapters. The first chapter raises some related questions through two typical cases. The second chapter expounds the theory of joint equity segmentation which includes the issue of how to cognizance the equity is the common share of husband and three types of common equity in divorce. The third chapter discusses the difficulties in judicial practice, such as the lack of legislation, the value's determination of equity and the protection of spouse who is not the shareholders. The fourth chapter is the suggestions for share of the couple's equity segmentation, for examples, establishing joint equity segmentation principle, according to the four different types of LLC to determine the method in segmentation and protecting the interests of the weak party.The conclusion is to summarize the paper. The writer emphasizes that the judges should follow the basic principles of marriage law and corporation law, and solves the problems according to the actual situation of cases. The author hopes to make a contribution to the improvement of common equity segmentation in divorce.