A Research On The Dividing Of Shared Equity In Divorce Proceedings

Divorce proceedings in the division of the common property of the husband and wife are the focus of the grass-roots courts divorce cases,especially in today's society,China's divorce rate gradually increased,the national economy level is rising,the current social situation requires especially different from other common property,equity as a comprehensive right,not only matters the vital interests of the couple “small family”,but also with the company “big family”stable development,other shareholders of the right to pre-purchase is closely related.At present,China's legislative situation can not completely cover all aspects of equity division,there is a "marriage law" and the "Company Law" poor convergence,legislative lag and other issues,in the judiciary,different regions,different levels of courts,different judgments based on similar cases can not lead to unanimous findings and judgments,the article is in this context,to discuss the to help the parties in life reshape the psychological expectations of such cases.This paper comprehensively uses empirical research,literature review,comparative analysis and other research methods to read one by one divorce cases related to the split of the husband and wife equity in a certain period of time,and compare different cases to find some of the focus problems in the judiciary.Moreover,the present situation of legislation in China is introduced and enumerated to find out the problem.By retrieving foreign legal documents,analyzing the legislative experience of four countries on the issue of the split of the ownership of husband and wife,take its essence to its dregs,combined with the basic principles of China's legal soil and equity division,to improve our country's laws and regulations to make recommendations.Clarify the divisibility of equity,it is recommended to improve the "marriage law" and the "Company Law" of the convergence problem,especially the key concept of the expression,according to the different circumstances of the company to divide the total ownership of the husband and wife of the division,to protect the rights of non-stockholders,improve equity preservation measures and evaluation system.Figure 0;Table 1;Reference 40...