| Freedom of marriage is an important part of the modern marriage system.At present,with the rapid development of China’s economy,the amount of property shared by husband and wife is increasing year by year,and all types of property are constantly changing.This has a great impact on the theoretical basis of the original property of husband and wife and marriage The dispute itself has strong personality and privacy,which makes it more difficult for the people’s court to handle tedious and complicated family disputes.Although China revised the Marriage Law in 2001 and subsequently issued three judicial interpretations of the Marriage Law and amendments to judicial interpretations,which greatly improved the deficiencies of the laws and regulations on the division of marital common property in China,Due to the variability of life,the complexity of the common property of the husband and wife,the difficulty of proof between husbands and wives and the lagging of legislation,the people’s court’s solution to the problem of the division of husband and wife’s common property is a "long-term and complicated" task.Therefore,based on the laws and regulations currently applicable in China,the author researches and analyzes the basic issues related to the division of common property between husbands and wives during the existence of marriage,and looks for the situation of the division of husband and wife’s common property and some of them during the trial practice.Questions,personal suggestions for this.In addition to the concluding remarks and acknowledgements,this article is divided into five chapters.The first chapter is the introduction.Mainly on the research background of the division of husband and wife’s common property,the theoretical research at home and abroad,the research methods of this article,and innovation and deficiencies are elaborated as a whole.The second chapter summarizes the basic theory of husband and wife common property system.Explain the specific meaning of common property of husband and wife in China and define the scope of common property,and then explain the current principle ofthe division of common property of husband and wife in China.The third chapter conducts empirical research on the division of husband and wife property.First of all,we will investigate and analyze the current legislative situation in China,and then sort out and analyze the relevant data issued by the Supreme People’s Court and the data published by the National Bureau of Statistics.A total of 500 divorce cases were received and cases involving the division of common property between husband and wife were identified,and statistics were conducted.Finally,it focuses on the issues such as the division of houses and spouses in the common property of the couple,the division of important properties such as the division of cars,the division of children,and the principles applied in the judgment.The fourth chapter mainly elaborates the rules of the common property division of husband and wife with the extraterritorial law.The extraterritorial laws examined include Germany and France in the civil law system,and the United States in the common law system.Through the analysis of the relevant systems of extraterritorial law countries,the relevant experience worthy of reference is summarized,and useful enlightenment is sought for the improvement of China’s modern husband and wife common property division system.The fifth chapter combines the previous chapters with the investigation and analysis of the division of husband and wife’s common property,and reveals the main problems in the division of husband and wife’s common property in the current judicial practice.For example,the division of intangible property such as housework and human capital.Based on the characteristics of domestic labor and human resources,the author analyzes potential problems,defines the value of these two types of intangible property,and puts forward his own views on dividing these two types of intangible property. |
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