Analysis Of The Disposal And Division Of Husband And Wife’s Joint Equity

The "cooling-off period" for divorce in the newly issued civil code has sparked a lot of thinking and discussion online.According to the statistics of relevant departments,the divorce rate has gradually increased in recent years,and the related problems of common property between husband and wife have become a frequent problem in legal practice,among which the disposal and division of company equity between husband and wife is worth paying attention to.First of all,because there is no clear legal provision in China that equity can be shared by husband and wife,this paper puts forward the "co-owned state" of equity from perspective of academic theory,and the core interest of equity is property,and the human nature is attached to property,then the "co-owned state" of equity can be obtained.And put forward to perfect the legislation,the establishment of husband and wife common equity system to reduce the judicial practice of disputes.In this paper,to the extent of joint equity is defined,puts forward the main several types,and found that the practice of dispute arising out of joint equity presents different referees path in recent years,because of our country civil law of thinking and commercial law of thinking,that the value of marriage law thought and law thought has a long history of conflict,Therefore,it leads to the dilemma of the disposition and division of husband and wife’s common equity.Secondly,based on the key words "husband and wife" and "joint equity",this paper selects some typical cases for analysis.On the issue of punishment,it can be attributed to the recognition of unauthorized punishment from the thinking of civil law and the recognition of authorized punishment from the thinking of commercial law.On the issue of division,two common practices in practical courts have been obtained,that is,delimiting the share of equity or determining the discount of equity.In addition,in the reading of a large number of cases,this paper puts forward its own thinking.On the one hand,it puts forward that the main recognition in the disposal of husband and wife’s joint equity is "equity income",and takes into account the shareholders’ awareness of social responsibility and the standard of "goodwill" in unauthorized disposal,etc;On the other hand,it puts forward the separability of husband and wife’s common equity and the uncertainty of equity value,and calls for the establishment of equity supervision mechanism and equity value evaluation mechanism of new mode led by government to improve the work efficiency in judicial practice.Finally,under the guidance of several principles such as maintaining the stability of the company’s capital,not harming the interests of third parties,and taking care of vulnerable parties and non-faulty parties,it is proposed to refer to extraterritorial laws and my country’s marital intellectual property laws to carry out joint equity between husband and wife.The legislation,which clarifies the concepts of "investment","capital contribution" and "shares",and proposes the registration system of "joint equity of husband and wife" under the mode of government supervision;The handling methods of different types of companies are generally biased towards the thinking of civil law.In order to reduce such litigation disputes,refer to the "audit committee" in the draft of the new company law,and cooperate with the husband and wife’s joint equity registration system mentioned above to supervise the equity and conduct reasonable measures.In order to solve the problem that the husband and wife could not reach an agreement on the division of equity,the equity "auction" system was proposed,and the inversion of the proof system in the lawsuit was proposed to favor the interests of nonshareholders.For the issue of the joint equity of husband and wife,an internal relief system of "return to the bottom" is proposed,which mainly protects the concept of "fairness" in the civil law.