Research On The System Of Splitting Common Property Of Couples In Marriage In China

In China With the establishment of market economy, people's awareness of the economy, such marital property relations have undergone great changes. People's material wealth continue to accumulate in number, in the form of continuously widening, more diverse in origin, which also makes the dispute between husband and wife property issues raised at the increasing number of the case even more complex and diverse. Divorce proceedings division of jointly owned property is also the focus of controversy, mostly, to meet the ever-changing needs of social reality, in 2011 the Supreme Court issued on the "Marriage Law" judicial interpretation (c), which is considered to be our fourth legal proceedings for the first time marital clear, however, only a general judicial interpretation of the provisions, the lack of appropriate supporting systems, the use of hard and full of differences in practice. For example, the case when dealing with domestic divorce, division of jointly owned property is too narrow, although the statute cited in hiding, transferring, selling, damaged, squandered several ways, but not enough to cover one of the reality of serious violations of the spouses jointly property interests which led to all manner of other property interests damaged; China's current judicial interpretation does not require the condition of the couple's property for publicity, there is no realistic publicity of matrimonial property registration system, for the third person mentioned transaction security is no corresponding rights and remedies measures. At present, China is imperfect on marital and marital property division legislation supporting laws and regulations, resulting in judicial practice in the court's ruling is more trust the judges discretion, fair and equitable in the real sense is still being biased. This article from the relevant concepts and basic theory combing jointly with marital property division system starting, mainly in case law research analysis, empirical analysis and comparative analysis and other methods, and Absorb foreign laws and regulations related fields, combined with typical aspects relevant to the case, our existing legal and judicial interpretation of the principle of segmentation, exclusions, etc. considerations apply subject to explore, to improve our jointly owned marital property division system to make some suggestions.