The Study On Marital Joint Property Partition System

The Supreme People's Court formulated and promulgated the "Interpretation(III)of the Supreme People's Court of Several Issues on the Application of the Marriage Law of the People's Republic of China"(hereinafter referred to as "the third Judicial Interpretation of the Marriage Law")in 2011.Article 4,which establishes marital joint property partition system,breaking the previous system of division of marital common property based on the premise of the termination of the marriage relationship,which is of great significance.However,because Article 4 adopts strict restrictive legislative rules,it only stipulates two cases in which the common property of a husband and wife can be requested to divided.There is a problem that the scope of application of the system is too narrow and cannot meet the actual needs.Based on this,this article analyzes the current status of the application of the system by combing related cases,and attempts to propose suggestions for improving the existing system.The first chapter is the basic exposition on the system of marital joint property partition.This section introduces the content of the system in China from the aspects of the claimant,the applicable situation,the applicable subject,and the legal effect.Then analyzes the current problems in the application of the system based on judicial practice.The second chapter explores the relationship between the system and the principle of the division of common property based on the previous chapter.By combing the relationship between Article 4 of the third Judicial Interpretation of the Marriage Law and Article 99 of the Property Law,it can be concluded that under the current system,a spouse cannot directly request the division of marital common property on the basis of Article 99 of the Property Law,nor can it expand the application of the system within the same law.The third chapter compares the differences between the marital joint property partition system and the exceptional marital property system based on legal system abroad.Many scholars believe that the exceptional marital property system has advantages over our country's marital joint property partition system,and we should introduce the exceptional marital property system to replace marital joint property partition system.This chapter takes Germany,Switzerland,France,and Taiwan as representatives.It compares the differences between the exceptional marital property system and marital joint property partition system in terms of claimants,application situations,application methods,and legal effects.Through comparison and analysis,this section puts forward the point of view of this article: we should adhere to the existing legislative model,without the need to introduce the exceptional marital property system.The fourth chapter mainly discusses the improvement measures.Our country's marital joint property partition system has problems such as the narrow scope of application and the single claimant.We can appropriately learn from the content of the exceptional marital property system and add several applicable situations in our system,such as "personal debts result in the execution of common property","separation due to emotional discord","non-performance of financial support obligations in marriage and family","marital infringement damages ","improper management of property or unauthorized disposal of property",etc.In addition,the execution applicant should be added as the subject on right of claim.