论离婚时我国夫妻共同财产的认定与分割民商法专业论文.docx

PAGE PAGE 3 Abstract When getting married, everyone hopes to live together forever, but things in the world are inconstant, many of them get divorced finally. Divorce does not only end the spousal relationship, but also the marital property relations. With the development of economy and society, the people’s living standards improve steadily, thus the quantity and variety of marital property are greatly enriched, which brings a lot of new problems when dividing the couples joint property at divorce in the judicial practice, such as the identification of the property engendered in the period of separation as well as the values of domestic contributions, the division of intellectual property benefits, real estate division, equity split, which are more complex and difficult to deal with. To solve these problems, relevant laws and regulations and judicial interpretations have been made, including the amendment of the marriage law of China in 2001, and the first Judicial Interpretation of the Supreme Peoples Court on several issues in the application of the Marriage Law of Peoples Republic of China , the 2nd judicial interpretation in 2004, as well as the newly published judicial interpretation 3rd in 2011. The Existing laws and judicial interpretations have made more explicit definition of the types of personal property and joint property, and also the detailed provisions of the problems in the division of property. However, due to the natural lag of laws and rapid economic and social changes, there are inevitable controversies in handling division of marital property. Meanwhile, the existing matrimonial property regime is still imperfect. This paper uses many cases, supplemented by analysis and inductive research methods, to analysis the disputes and controversial legislative defects which exists in the current laws and judicial interpretations and practice, and try to identify the appropriate measures to improve. This thesis is composed of four Parts: The first par