Study On Legal Issues Of Stock Right Disposition In Divorce Cases

Our country's finance and society are in the rapid development period.Investment subjects represent diversified trends and forms of property are increasingly diversified.Equity is regarded as an important property right,also appears more frequently in the scope of marital property.However,with the renewal of social values and ideologies,the divorce rate in our country is also increasing year by year,which has become a social problem that cannot be ignored.Under the above backgrounds,the number of divorce litigation cases handled by the court which were involved with the disposal of equity are bound to increase constantly.Compared with ordinary property rights,equity itself has particularity to some extent.In addition,it is involved with the interests of other shareholders and collaborative requirements of staffs in the company,which makes the disposal of the joint equity of husband and wife become a difficult point in the trial of divorce cases.There is still a lot of room for research on how to divide the equity belonging to the adjustment category of commercial law in the divorce cases under the adjustment category of civil law,straighten out the complex relationships of their mutual intersection and influence,and give consideration to both family and social effects.As a front-line judge,the author has handled several cases involving equity division in divorce proceedings in the past.Due to the small scale of the company involved and the relatively simple composition of shareholders,the case was finally settled through mediation or handled by the parties themselves outside the case.However,in the process of hearing such cases,it was found that there was a lack of legislative,judicial interpretation or regional guidance at present,and the courts in different regions did not have the same understanding and handling of this issue,which led to frequent problems of "different judgments in the same case" and caused dissatisfaction mood of the parties.Whether the issue of joint equity division can be properly handled in divorce proceedings not only concerns the immediate interests of the parties concerned,but also may affect the stability and healthy development of the enterprise and society.By summarizing typical cases in judicial practice,this paper leads to the focus of disputes in the cases of husband and wife's joint equity disposition,expounds the basic concept and characteristics of equity,and determines its property class attribute and severability.This paper makes a dialectical analysis of the types of cases,the status of legislation and the judicial practice of divorce cases involving the disposition of shares to lay a foundation for the practical research.On this basis,the author discusses the important and difficult problems in the trial practice,taking the trial practice specific segmentation way as the main line,targeted put forward and solve the problems that maymeet with,and gives the feasible treatment scheme,legislative suggestions and opinions at the same time to look forward to achieving further perfecting of related laws.