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Husband and wife in divorce cases under the new situation of common property characteristics and found that principles of

Spouse during the divorce law in the survival of the behavior of dissolution of marriage. Division of property upon divorce is the dissolution of marital relationship and consequential. With the people's material living conditions of the gradual improvement of the continuous development and improvement of the market economy, the jointly owned property in divorce cases, more and more new content, more and more difficult to identify and deal with, it reflected the status of more and more important, good or bad related to people dealing with divorce disputes the quality of the court, related to the social stability and unity and economic development can proceed smoothly. 

one jointly owned property under the new situation the characteristics of the Chinese League of finishing paper.

(a) the contents of the new. With the current improvement of living standards, market economy development and improvement, people have more and more wealth, more and more new content. Jointly owned property and money from the mere physical past to today's stocks, real estate, intellectual property tangible or intangible property, etc., and variety. The conflict between the parties is also growing, the Court has become more difficult to deal with increases. 

(b) are large. With economic development, more and more private enterprise, jointly owned property division in divorce when the subject increases, the more important the position presented. Divorce case before trial, often for the general summary, but there are many cases because the dispute involved a huge amount of jointly owned property and the ordinary procedure for trial. 

(c) the evidence difficult. In divorce cases, destroy evidence, hide assets more and more. Many of the victims in the prosecution before the divorce,[link widoczny dla zalogowanych], had the relevant evidence, property destroyed or hidden, and even some find someone to commit perjury, writing under the guise of articles, resulting in the partition jointly owned property, the property is not much, more. In addition there are many financial sector to pull in customers, refuse or deliberately making things difficult for the court investigation and evidence gathering, which gave the trial of cases difficult. Jointly owned property currently split in the party hard evidence and the court is still very difficult to investigate and collect evidence outstanding problem. 

(d) Source of funds complex. Although increasing the level of people's lives, or a considerable portion of workers by wage and salary earners, as they making investment or purchase of housing, often in addition to their contribution, but also to borrow some friends, and even loans, other family members are often funded support. This common property of the husband and wife are also ways of financing diversified. Common property until the split, both sides armed with a rationale, have advocated their own family and friends funded, so the court finds that the nature of the property have a certain degree of difficulty. 

(e) the law lags behind theoretical controversy great. Currently jointly owned property is continuously updated, its own value and complexity of nature Jiancheng, current law does not specify this, the Supreme Court nor any judicial interpretation, resulting in the people's court in dealing with such disputes very difficult. The law dealt with under the new situation behind the jointly owned property the most significant features. 

(f) social influence. Jointly owned property under the new situation with the contents of the new, larger amount, the law lags behind other features, its treatment will have a direct bearing on social stability and unity. For example, in the case of our current housing shortage, the divorce case involving public housing residence, the right deal to lease related to the parties after the divorce if the vital interests of the shelter. Both sides scrambled to residence, not to mention the divorce settlement and child support issues. 

Second, the new situation, the common property of husband and wife found

Marriage Law of China clearly stipulates that But with the content of the new jointly owned property, the law lags behind other characteristics, so there are still many problems when identified. 

(a) on one side of marriage from the identification of land use rights. But the land use rights in the statutory conditions statutory conditions in accordance with the law

sale, exchange,[link widoczny dla zalogowanych], gift, lease, mortgage,[link widoczny dla zalogowanych], inheritance, land and land use rights in the rights to some extent have individual citizens have become an important material wealth, so the ownership of the land use right should be carefully verified the court heard. Marriage on one side from the principle of land use rights should be recognized as personal property, but if the two sides have been married for many years, and the common use of the land, operation, management can, according to the value of the larger housing and other requirements of production after eight years , as a jointly owned property. In China, real estate and real estate (of land use rights) belong to two administrative sector management, the value of expression is shown to be independent. One from the land use rights before marriage, marriage built on the land and house life is not long, the division of property should pay attention to the value of the land use right and house values separately for processing. Also, one marriage from the value of the land use right value when dividing property in divorce, and I believe that this part of the added value should be regarded as jointly owned property. The grounds that the couple jointly owned property, with the establishment of the relationship between identity formed. Husband and wife during the existence of one or both of the labor income and the acquisition of property, one or both parties or recipients of inherited property and other legitimate income should be regarded as jointly owned property. The value of the land use right value in the marriage relationship between husband and wife can be seen as part of the duration of the value of the land in accordance with a generating interest is a legitimate income,[link widoczny dla zalogowanych], so it should be regarded as jointly owned property, as the two sides jointly. 

(ii) jointly owned property covered by intellectual property identification. Intellectual property is on the outcomes of their intellectual creations shall enjoy the exclusive rights. With the intangible nature of intellectual property, proprietary, regional and temporal characteristics. Although the intangible intellectual property, but it all can bring wealth But this is not about intellectual property rights of husband and wife can all enjoy together. Because intellectual property is based on the results of people's intellectual creation, proceeding from the principle of fairness, the party should pay the interests of labor to give care. Another effect from the play to the social and economic benefits of intellectual property, intellectual property protection the integrity of the ordering of the field of intellectual property, as well as conducive to economic development point of view, without paying labor party intellectual property in the division only can enjoy the intellectual property income divided by the actual property. For others, such as the personal rights of copyright, performance rights, the right to play the exhibition, distribution rights, adaptation rights, translation rights, such as the right notes, patents of patent applications, use rights, marketing rights, trademark rights in the use of the right use rights and other rights to exclude others, is not as common property of husband and wife to split. In the division of property and not pay when the intellectual work of the party should be a one-time payment of compensation is appropriate. 

(c) of the party to carry out business activities such as profit from the property and the property acquired during the separation, identification of revenue.

Article XIII of the Marriage Law provides that China has adopted is known from the jointly owned property system and contract system that combines property system. Husband and wife in marriage during the existence of all the income of both, unless otherwise agreed upon by both husband and wife jointly owned by foreign, have equal ownership of the common property of the husband and wife as husband and wife relationship is established with the formation of. Therefore, one for business and other property acquired for profit activities as long as the duration of the relationship between husband and wife created, shall be deemed to jointly owned property. That in order to identify the contribution of jointly owned property without any distortion of the law practice is wrong. In addition there is no provision of the Marriage Law of divorce must be separated phase. Although the period of separation the couple did not live together, but they are still husband and wife during the existence of any personal relationship, so that property acquired during, the nature of income couples should still be recognized as common property. 

(d) In cases involving shares of jointly owned property identified. People's Court is currently dealing with a divorce case involving dispute over the ownership of stock ownership increasing. Handling of such disputes the main source of funds from stock purchase and stock their own properties to identify. If a spouse or co-financed the purchase of shares shall be determined as jointly owned property. However, many situations in real life is co-financed the purchase of shares of family members how to identify such cases the ownership of the stock it? China's current issued shares in two ways: An internal shares and public shares. That do not issue shares to the public joint-stock enterprise shares held by employees, can be identified as the division of property jointly owned property, as it shares not only the internal staff to take an anonymous basis, not to any person other than the transfer of business, and such stock often also with a low-risk, high return nature of welfare. If both husband and wife with the other members of their home to share ownership dispute, and that their relationship could be identified as the lending relationship, handled separately. If they purchased a community
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