Research On The Legal Issues Of Share Division In Divorce

The division of community property has always been an important issue in divorce proceedings.With the development of the society,the economic level of the country is constantly improving,people are living a rich life,and then the manifestation of property is becoming more and more diversified.With this phenomenon,the relationship between husband and wife property has undergone great changes,with a trend of diversification and complication.From traditional investment methods to modern investment forms,tangible assets to intangible assets,equity as we know it has gradually become one of the forms that can represent the common property of husband and wife.This situation also makes the subsequent divorce proceedings,the share division dispute is more and more,the proportion is also increasing year by year.The share division between husband and wife not only involves the marriage law,the company law and other contents,but also often involves the interests of a third party,which leads to the difficulties in such divorce cases.At the same time,due to the lagging nature of the law,there is no special provision on the share division between husband and wife in our country,and the relative judicial interpretation cannot solve all the problems in reality.In view of the complexity and multifaceted nature of hush-and-wife share division,it is necessary for us to deeply explore hush-and-wife share division,protect the legitimate rights and interests of the parties and the third party,and maintain the normal operation of the company,so as to guarantee the stability and development of the society.This article in detail through the five parts of joint equity segmentation problem,existing in the current situation of our country and abroad through analysis of the part of the law,aiming at existing problems put forward the corresponding suggestion,hope to be able to in protecting the legal rights and interests of the parties and a sound system of division of common property of husband and wife play a certain reference value.At the beginning of this paper,the background of the topic and the purpose and significance of the research are summarized.Combined with the sorting out of the domestic and foreign research status of the divorce equity division system,the paper gives an overall overview.In the following part,therelevant concepts of husband-wife equity division are expounded.At present,there are still different views and views on some concepts in the academic circle,and the author's views are discussed.Then,by referring to the specific contents of the constitution,the civil law and other relevant laws,this paper explains the principle of hush-and-wife equity division,and takes the complex situations as the starting point for consideration,and further proposes the scientific segmentation methods that can be applied under various circumstances.And then analyzes the current laws and regulations associated with this problem,find out the problems existing in the existing legal provisions,and then,the company law in our country,"marriage law" and relevant judicial explanation,for some joint equity segmentation situation has made a regulation,but the rules are not specific and explicit,and the cohesion between two laws and is not very good,this leads to the equity division,husband and wife question more position,and it also contains how to divide the divorced couples split equity burden of proof,how to determine the value of the equity and on the basis of when and how to balance the equity segmentation the legitimate rights and interests of all parties,etc.After that,the regulations of some foreign countries are expounded and analyzed,and the applicable regulations in China are obtained.Finally,combining with the practical problems when a couple of equity division,put forward the corresponding suggestion,by further strengthen the preservation,Suggestions of dispute of equity law clearly couples divorce equity segmentation the burden of proof can be inverted,establishing and perfecting the appraisal institutions and related system and improve the joint ownership registration system and determine the appointed buyer system to perfect the system of divorce of husband and wife common equity segmentation in our country.