A Study On The Division Of Property In A Joint Property Divorce

In divorce litigation,the major dispute between the husband and wife is the division of martial property jointly possessed property.Because the substantive laws has defined the jointly possessed property clearly,so it is not the substantive laws that influence the judgement on substantive rights,but the lack of precedure laws.In juridical practice,the parties offen complaint that their substantive rights are deprived by the judge because of their failure to provide evidences.In this sense,the unfair division of jointly possessed property due to lack of the procedure laws has seriously weakened the judical credibility.So we have to think that how to set up the civil procedure to protect the interests of the parties equally.The first chapter inducts the problems of the division of jointly possessed property in divorce suit,also introduces the concept and nature of the litigation of jointly possessed property's infringement in divorce cases,and analyzes the characteristics of such litigation.The second chapter presents the principles should be followed in the division litigation of jointly possessed property,which mainly includes three ones:the limitation of the parties' right of disposition;coordination;mediation.These principles are not only different from the common property cases,but also different form the other family trail cases.The third chapter states the property reporting system in division litigation of jointly possessed property,which is being practiced,but the theoretical research is still inadequate.This chapter also introduces the contradictions and shortcomings in the division litigation of jointly possessed property,the necessity of establishing this system and the main contents and legal consequences of this system.The fourth chapter focuses on how to protect the third party ' s interests according to the characteristics of the division litigation of jointly possessed property.Based on the research on the third party's possible interests losses caused by the divison of jointly possessed property in divorce suit,the author gives some suggestions on the protection measures of the third party which is currently scarce.