论我国夫妻共同财产分割立法的完善
发布时间：2019-07-01 09:29
【摘要】： 随着社会生活的发展,人民生活水平的提高,人们的财产也日益丰富,夫妻财产出现了复杂性和多样性的特点。在司法实践中,夫妻共同财产分割遇到了很多新的问题,离婚时的共同财产分割显得更为复杂。夫妻共同财产分割的复杂性导致的对传统夫妻共同财产分割理论的巨大冲击,使得关于夫妻共同财产分割的法律法规不得不作相应的调整和增补。但是,我国离婚夫妻的共同财产分割仍然存在一些棘手的问题。本文主要采用了分析、归纳的研究方法,希望通过对现行《婚姻法》关于夫妻共同财产分割规定的分析,找出其中存在的问题,并给出相应的完善措施。 本论文除前言、结语外,共有三章。 第一章具体分析了现行《婚姻法》对夫妻共同财产分割的规定,包括夫妻共同财产的范围、分割夫妻共同财产的原则和方法、分割夫妻共同财产时应注意的问题以及离婚时住房问题的处理等五个方面,从而为本文确立了正确的研究基础并限定了相应的研究范围。 第二章在前文的基础上,提出了现行夫妻共同财产分割的立法规定存在的问题,主要有缺乏分割夫妻共同财产的考虑因素、有关婚姻住所分割的规定不够具体细致、夫妻一方持有有限责任公司股权分割的规定不完善、对知识产权收益分割的规定不完善、财产分割中缺乏对家务劳动价值的确认、缺乏对一方专用生活用品的明确界定、分居期间所得财产及债务清偿责任的归属的规定不合理、缺乏对土地承包经营权分割的规定以及缺乏夫妻共同财产分割的保障措施等九个方面,比较全面地指出了现有规定的缺陷。 第三章针对以上的问题提出了具体的建议完善措施,包括增设分割夫妻共同财产的考虑因素、完善婚姻住所分割的规定、完善夫妻一方持有有限责任公司股权分割的规定、完善知识产权归属的规定、对夫妻共同财产分割中家务劳动价值予以确认、对一方专用的生活用品予以明确界定、完善分居期间所得财产及债务清偿责任的归属规定、增设对土地承包经营权分割的规定、建立夫妻财产分割的保障措施等九个方面,以期实现法律的进一步完善。
[Abstract]:With the development of social life and the improvement of people's living standards, people's property is becoming more and more abundant, and the property of husband and wife has the characteristics of complexity and diversity. In judicial practice, there are many new problems in the division of common property between husband and wife, and the division of common property in divorce is more complex. The complexity of the division of joint property between husband and wife leads to a great impact on the traditional theory of division of common property between husband and wife, which makes the laws and regulations on the division of common property between husband and wife have to be adjusted and supplemented accordingly. However, there are still some thorny problems in the division of common property between divorced couples in China. This paper mainly adopts the research methods of analysis and induction, hoping to find out the existing problems and give the corresponding improvement measures through the analysis of the provisions on the division of common property between husband and wife in the current Marriage Law. In addition to the preface and conclusion, there are three chapters in this thesis. The first chapter analyzes the provisions of the current Marriage Law on the division of joint property of husband and wife, including the scope of joint property of husband and wife, the principles and methods of dividing the common property of husband and wife, the problems that should be paid attention to when dividing the common property of husband and wife, and the treatment of housing problem in divorce, so as to establish the correct research basis and limit the corresponding research scope. On the basis of the above, the second chapter puts forward the problems existing in the current legislative provisions on the division of joint property between husband and wife, such as the lack of considerations for the division of joint property between husband and wife, the lack of concrete and meticulous provisions on the division of marital domicile, the imperfect provisions on the division of equity of a limited liability company held by one husband and wife, the imperfect provisions on the division of intellectual property income, and the lack of confirmation of the value of domestic work in the division of property. There are nine aspects, such as the lack of a clear definition of one party's special daily necessities, the unreasonable provisions on the ownership of property and debt settlement responsibility during the separation period, the lack of provisions on the division of land contractual management rights and the lack of safeguard measures for the division of joint property between husband and wife, and points out the defects of the existing provisions. The third chapter puts forward specific suggestions and improvement measures in view of the above problems, including adding consideration factors for dividing husband and wife's common property, perfecting the provisions on the division of marital domicile, perfecting the provisions on the division of equity of a limited liability company held by one husband and wife, perfecting the provisions on the ownership of intellectual property, confirming the value of domestic work in the division of joint property between husband and wife, and clearly defining the household goods for one party. In order to realize the further improvement of the law, we should perfect the provisions on the ownership of property and debt settlement responsibility during the separation period, add the provisions on the division of land contractual management rights, and establish the safeguard measures for the division of property between husband and wife.
【学位授予单位】：厦门大学
【学位级别】：硕士
【学位授予年份】：2008
【分类号】：D923.9
本文编号：2508368
[Abstract]:With the development of social life and the improvement of people's living standards, people's property is becoming more and more abundant, and the property of husband and wife has the characteristics of complexity and diversity. In judicial practice, there are many new problems in the division of common property between husband and wife, and the division of common property in divorce is more complex. The complexity of the division of joint property between husband and wife leads to a great impact on the traditional theory of division of common property between husband and wife, which makes the laws and regulations on the division of common property between husband and wife have to be adjusted and supplemented accordingly. However, there are still some thorny problems in the division of common property between divorced couples in China. This paper mainly adopts the research methods of analysis and induction, hoping to find out the existing problems and give the corresponding improvement measures through the analysis of the provisions on the division of common property between husband and wife in the current Marriage Law. In addition to the preface and conclusion, there are three chapters in this thesis. The first chapter analyzes the provisions of the current Marriage Law on the division of joint property of husband and wife, including the scope of joint property of husband and wife, the principles and methods of dividing the common property of husband and wife, the problems that should be paid attention to when dividing the common property of husband and wife, and the treatment of housing problem in divorce, so as to establish the correct research basis and limit the corresponding research scope. On the basis of the above, the second chapter puts forward the problems existing in the current legislative provisions on the division of joint property between husband and wife, such as the lack of considerations for the division of joint property between husband and wife, the lack of concrete and meticulous provisions on the division of marital domicile, the imperfect provisions on the division of equity of a limited liability company held by one husband and wife, the imperfect provisions on the division of intellectual property income, and the lack of confirmation of the value of domestic work in the division of property. There are nine aspects, such as the lack of a clear definition of one party's special daily necessities, the unreasonable provisions on the ownership of property and debt settlement responsibility during the separation period, the lack of provisions on the division of land contractual management rights and the lack of safeguard measures for the division of joint property between husband and wife, and points out the defects of the existing provisions. The third chapter puts forward specific suggestions and improvement measures in view of the above problems, including adding consideration factors for dividing husband and wife's common property, perfecting the provisions on the division of marital domicile, perfecting the provisions on the division of equity of a limited liability company held by one husband and wife, perfecting the provisions on the ownership of intellectual property, confirming the value of domestic work in the division of joint property between husband and wife, and clearly defining the household goods for one party. In order to realize the further improvement of the law, we should perfect the provisions on the ownership of property and debt settlement responsibility during the separation period, add the provisions on the division of land contractual management rights, and establish the safeguard measures for the division of property between husband and wife.
【学位授予单位】：厦门大学
【学位级别】：硕士
【学位授予年份】：2008
【分类号】：D923.9
【引证文献】
相关硕士学位论文 前8条
1 曾利敏;离婚时夫妻共同财产中人力资本分割问题研究[D];暨南大学;2011年
2 黄旭;夫妻离婚时股权分割法律问题研究[D];辽宁大学;2011年
3 王雅静;论夫妻共同财产的分割[D];郑州大学;2011年
4 史然;论离婚夫妻共同财产分割制度[D];河北大学;2010年
5 王媛媛;我国离婚夫妻债务问题研究[D];吉林大学;2012年
6 王敏娟;论离婚中夫妻共有股权分割[D];华南理工大学;2012年
7 张志伟;离婚夫妻房产分割问题法律探究[D];中国海洋大学;2012年
8 赵金梅;离婚时夫妻共同股权分割问题研究[D];湘潭大学;2012年
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