The Insufficiency And Perfection Of Matrimonial Community Property Division

The matrimonial conmunity property is the most important material basis of the marriage relationship.It is very important for the stability of the marriage relationship and the maintenance of the marriage order.At present,the material living conditions of the people in our country are becoming increasingly abundant.The quantity and type of matrimonial community property are changing with each passing day,and major divorce property disputes are also likely to arouse widespread public concern.The author tries to use the big data analysis and empirical research on the judgment documents made by the existing courts based on the currently applicable legal provisions in China and the complex life practices of today's society to find out the general situation of division of matrimonial community property in current trial practice,and thus put forward targeted recommendations,to improve the relevant legal provisions,to provide a new way of thinking for the trial of divorce property disputes.In addition to the preface and conclusion,the text consists of four chapters.The first chapter gives an overview of the basic theory of the matrimonial community property,including the definition of it,the standard of identification,and the legal type.The matrimonial community property refers to the property acquired by the spouses or parties during the continuation of the spousal relationship,unless otherwise provided by law or otherwise agreed by the parties.The identification is a precondition for judging the matrimonial community property.It can be based on three criteria:subject criteria,time standards,and source standards.The second chapter mainly elaborates the rules of joint property division of couples,including the reasons and basic methods of the matrimonial community property,the principle and the determination of matrimonial community debts.The reason for the division of matrimonial community property in China is generally divided into divorce-based division of property,division of property based on the death of one of the spouses,and division of property based on major causes.The segmentation method has three methods:physical segmentation,price segmentation,and variable price segmentation-The principles that should be followed to divide the matrimonial community property are found in marriage laws and judicial interpretations.They mainly include the principle of equality;the principle of taking care of the rights of children and women;the principle of benefiting production and convenience of living;the principle of respecting the will of the parties concerned and the principle of taking care of no fault;It shall not harm the principles of national,collective and other people's interests.The Interpretation of the Supreme People's Court over matrimonial community debts provides two criteria for the determination:"Consensus Standard" and“Standard of Purpose",which has certain positive significance,but there is also a need for improvement.The third chapter carries on the empirical research to the matrimonial community property division.The collection of cases involving the matrimonial community property and case judgments were collected from 2012 to 2016 in the national courts,and statistical analysis was conducted on the subprojects.The fourth chapter focuses on the empirical research data to point out the problems existing in the practice of the matrimonial community property division and puts forward the thinking of perfecting our country's matrimonial community property division legislation and judicial practice.The existing problems are mainly due to the improper application of the principle of equalization;the principle of caring for the woman and the principle of caring for the children are relatively less applicable;the scope of economic compensation for divorce is narrow;the definition of marital wrongdoing is not clearly defined.The ideas to be improved mainly include establishing the principle of fairness;clarifying the application of various principles to the hierarchy;improving the economic compensation system for divorce;clearly defining the fault behavior that triggers the oblique division of the matrimonial community property.