Research On The System Of Division Of Joint Property Of Spouses Within Marriage

With the rapid development of China’s economy and the increase of people’s income,the property relationship between husband and wife is now more complicated than ever before,and the traditional concept of "cohabitation and common property" in marriage has become out of touch with the social reality.In cases where there is no consensus on the management and disposal of common property,more and more couples choose to divide their common property during the marriage.he Civil Code of the People’s Republic of China(hereinafter referred to as the "Civil Code"),which will be implemented in 2021,has absorbed the provisions of the Interpretation of the Supreme People’s Court on Several Issues Concerning the Application of the Marriage Law of the People’s Republic of China(Ⅲ)(hereinafter referred to as the Judicial Interpretation of the Marriage Law(Ⅲ))on the division of the common property of the spouses within marriage and formally elevated them to legal pro visions.However,the current single provision of the Civil Code cannot meet the needs of reality,and there is no institutional guarantee for the application of the provisions on the division of the common property of the spouses within marriage.Due to the lack of specific and clear legal basis,the cases of joint property division of married couples in judicial practice have different results,and there is a conflict of judicial application with the current divorce property division system,which is difficult to achieve judicial fairness and justice.The purpose of this article is to put forward useful suggestions for the improvement of China’s joint property division system for marital couples through the study of issues related to the joint property division system for marital couples.The article firstly retrieves the cases involving the division of common property of marital couples,summarizes the problems in judicial practice,and at the same time analyzes the typical cases of the lawsuit of the division of common property within marriage,summarizes the main points of contention of the division of common property of marital couples in practice,specifically including:the division of the scope of the division of common property,the determination of the legal situation of the division of property within marriage and the protection of creditors.Secondly,this paper clarifies the theoretical concepts related to the system of division of common property of marital couples,reviews the theoretical controversies of division of property within marriage,and analyzes the necessity and feasibility of establishing a perfect system of division of common property within marriage in China at present.This part firstly elaborates the legislative history of China’s intra-marital joint property division system,and then summarizes the intra-marital joint property division system in typical overseas countries,which provides experience for the improvement of China’s intra-marital joint property division system.Finally,this paper puts forward suggestions to improve the system of division of common property of marital couples in China from two aspects,first from the perspective of practice:the system of division of common property of marital couples in judicial practice should clarify the scope of property division,pay attention to the convergence with the relevant system,and unify the application of the cause of action;then from the perspective of perfecting the law:the system of division of common property of marital couples should be improved to fill the Applicable circumstances,increase the protection of creditors,clarify the effect of intra-marital property division,and improve the supporting measures.