A Legal Study On The Partition Of Pensions In The Legal System Of China And The United States

There are many types of pensions,with China and the United States are divided into three pillars,but there are still many nuances.There are differences in the way and nature of various pension contributions which determines the complexity of the divorce process.China’s judicial interpretation three of 2011 Marriage Law has arrangements for the division of pensions,the basic claim is not to deny that the pension is joint property,but in view of the division is too difficult,for the pension that has not yet been matured,only the actual payment portion of the individual’s joint property is paid.Such a regulation has produced a series of problems and it has also led to the phenomenon of inconsistent judgments in judicial practice.In the1990 s the states of the United States have basically recognized the nature of the joint property of pensions,including the expectation benefit is recognized as communal estate,which should be divided at the time of divorce.At present,there are some disputes about the evaluation and division methods of pensions in various states,but several representative division methods have been basically determined.There are some similar arrangements between the US pension system and the Chinese system.This paper intends to introduce and comment on the valuation and division methods of American pensions,and to explore a feasible solution to the problem of pension division in China.The writing of this article will be divided into four parts.The first part is the current situation of the division of pension benefits during marriage in China,including the legislative evolution,theoretical controversy and judicial practice.Through the analysis of these three aspects,the paper intends to deeply analyze the problems faced by China’s pension division from the perspective of theory and practice.The second part is the comparison of the nature of pension between China and the United States,including the comparison of the first pillar,the comparison of private pension and the difference in nature,because the nature of the pension directly determines the division scope of the pensions at the time of divorce.The third part is the analysis of the division patterns in the United States,including the specific division method and the matching system of division,that is,qualified domestic relation order.The fourth part explores the possibility of drawing lessons from American experience,including comments on pension division in the United Statesand suggestions on pension division in China.