Research On The Common Property Separation System Of Spouse Divorce In China

China's marriage law has been amended three times,while the Supreme Law has constantly introduced several judicial interpretations,but it still can not meet the needs of couples in real divorce.Of course,the law has a certain lag,but now the scope of division of marital property in our country is lagging behind.For example,the marital property represented by virtual property and human capital is not included in our marital property.In addition,the provisions of our marital law on the principle of division of marital property also have defects,such as the protection of no-fault square interests.The specific provisions of the principle of interest in practice are too general and operable to control,so the marriage law of our country should further regulate this principle.This article mainly consists of four parts.The first part mainly elaborates the theoretical basis of the system of division of marital common property in China,and introduces the concept,characteristics and principles and rules of division of marital common property in China.The second part is to analyze the flaws in the system of division of marital common property in divorce in China with specific cases.The third part is to introduce other countries briefly.The fourth part is to improve the division of common property in divorce.With the continuous development of society,people's concept of marriage is also changing constantly.People's requirements for the quality of marriage are getting higher and higher,which leads to the rising divorce rate in China.In this paper,through the analysis of the current specific provisions of China's Marriage Law and the relevant foreign marriage legislation system,and then put forward some suggestions on the defects of the rules of division of marital property in China.