Research On Divorced Couple’s Equity Division System

With the accelerating development of market economy in China,people’s concept of marriage and family has also changed.In recent years,the divorce rate has been high and rising year by year is a typical example.If the husband and wife divorce,it means that the identity of the husband and wife relationship will no longer exist,which will lead to the division of the common property of the husband and wife.Because the Marriage Law of our country is relatively simple in formulating background,and cannot effectively deal with the increasingly complex property disputes in our country,and there are still some deficiencies in the application of law in judicial practice,which will inevitably bring great troubles to the judicial practice.This paper uses five parts to elaborate on the division of the joint ownership of husband and wife,and combines with the current situation of our country,puts forward solutions to the existing problems.Firstly,the paper summarizes the background of the topic,the significance and purpose of the research,and briefly combs the research status of the divorced couples’ equity division system at home and abroad..Next,it elaborates how to define the divorced spouse’s equity.At this stage,the academic circles have disputed and commented on whether divorced spouse’s equity can be divided.Then,referring to the basic principles of civil law and other relevant provisions,this paper expounds the principle of equity division,and puts forward a reasonable way of equity division.Then,combining with the current legislative situation of our country and specific cases,we find out the problems in judicial practice and analyze them.In China’s Company Law and Marriage Law,there are some provisions concerning the division of joint stock rights between husband and wife,but unfortunately the provisions are not clear.In China’s Company Law and Marriage Law,there are some provisions concerning the division of joint stock rights between husband and wife,but unfortunately the provisions are not clear.This has led to many difficulties in divorced couples’ equity division,including how to determine the value of equity,how to preserve the disputed equity before litigation,how to distribute the burden of proof of divorced couples’ equity division and how to balance the interests of all parties in the process of equity division.Finally,combined with the specific problems existing in the process of dividing the ownership of husband and wife,the corresponding solutions are proposed.The system of divorced couples’ equity division in China can be perfected by establishing equity valuation institutions,preserving disputed equity before litigation,inverting the burden of proof in divorced couples’ equity division and properly balancing the conflicts of interests of all parties.