The Research On The Marital Common Property Division System In Marriage

The division of marital common property in marriage is about the division of community property during the existence of a marital relationship.Through the provisions of division condition and division method,it resolves the dispute of using the joint property between husband and wife,it protects not only the stability of marital relations but also the rights of rational use of joint property for spouse.But it also has some insufficiencies on account of less legal provisions,which needs to perfect deeply.The paper analyzes the division of marital common property in marriage of China from two aspects: the theoretical angle and the practical angle and introduces the source of law.It also discusses the application of article 4of Judicial Interpretation ? of Marriage Law and then rethinks the marital common property division system of China.Finally the paper put forward some suggestions to solve the subsistent problems and perfect the system.There are four parts in this paper except the introduction.The first part mainly summarizes the marital common property division system of China.In this part,after introducing the definition of the system,it explores the legal sources of the system.In the meantime,it analyzes the different opinions about the nature of article 4 of Judicial Interpretation ? of Marriage Law between different scholars.For this problem,the writer endorses the view that the article 4 is about the division of marital property in marriage,not about a new system.The second part primarily discusses the application of article 4 of Judicial Interpretation? of Marriage Law.In order to use article 4 correctly in juridical practice,combined analysis of representative cases,it researches the application of article 4 in juridical practice and explains its preconditions and the situation of application in detail.The third part is rethinking the marital common property division system of China.As a complete system,it has some insufficiencies,such as lacking of principles and division methods,narrow application conditions.Then in accordance with these insufficiencies,the writer puts forward some sound suggestions that it can aggrandize some principles,for example the principles of necessary and maintaining the relationship,amplify the application conditions and determine the methods of division,for instance,when divide the only mutual house,it can keep several co-ownership.Through these suggestions,the writer hopes to perfect the system to adapt to the progress of society and maintain the stability of family.The fourth part is the conclusion of the paper.