Research On The System Of Division Of Marital Property In Marriage

In 2011,the Supreme Court issued on the “Marriage Law” judicial interpretation(c),which is specified on some aspects about dividing community property.For seven years,it has the interpretation been in the works,the number of the cases which accepted and heard by the court is less than one hundred every year.This judicial interpretation has not given legally and socially benign results,and meanwhile there is a wide divergence in the process of practicing.Based on all these above,this article starts from the basic theory of community property,and combined with practical cases,it points out the legislative and judicial status of the separation of community property.What’s more,by drawing lessons from foreign related legislation,from four aspects:application situation,application subject,creditor protection and segmentation effectiveness,it puts forward relevant suggestions that are in line with China’s national conditions and judicial practice.