Resear On The Identification And Division Of Family Property

"Living law" is deeply rooted in the social history,culture and the hearts of the people.Family property has a long history from its origin to development,and has been widely accepted by the public in theory and practice.Family property has a specific meaning in the civil law system of our country.It is a kind of common real right form based on the family relationship.Its ownership belongs to all the family property co owners.It aims at the equal use of family property by all the co owners,and it's function is to maintain the family stability and the survival and development of family members,so as to ensure the social stability Constant and sustainable development is of great significance.Taking family as the standard has always been the mainstream thought in the traditional society of our country,so the family system is deeply rooted,but because of the historical factors and the deep-rooted concept of private property in the development of social modernization,"family" in the theory of civil law,although there are still some reservations,it does not occupy an important position after all.China's existing civil law does not regulate the identification of the family property system,which is in the area of "property law" and "marriage law",and the theoretical research on family property is relatively lack,which leads to the situation that the judgment result of resolving the dispute of family property division is not uniform in practice.This paper takes the return of the family in the draft civil code as an opportunity,through the definition of the nature of the concept of family property,the combing of the existing legal norms and the study of related theoretical issues,as well as the consideration of the division issues in the practice of the division disputes,in order to promote the family property to obtain its due status in the civil law system.Because family property involves two major fields of property law and marriage family law,and the different specific rules under the system have different legal nature changes and the urgency of conflicts in modern society,specific problems need to be analyzed in order to provide an operable standard for the identification of family property system and the settlement of family property disputes after termination.