我国离婚夫妻财产分割实务研究

A Research on Property Division between Divorcing Spouses

我国夫妻离婚时的夫妻财产分割,已经成为现实生活中离婚纠纷最核心的问题,但法律在这方面的规定不详尽,不能满足司法实践的需要。婚姻财产的分割不应仅局限于有形财产,还应包括无形财产、虚拟财产等,法律应进一步界定其归属和分割;非法同居关系的收入应归个人所有;夫妻分居期间的财产仍应认定为夫妻共同财产。

In China,property division between divorcing spouses has been the core issue in real life.But our laws in this domain are so sketchy that they can not meet the needs of judicial practice.This paper first analyses the definition of Matrimonial Property.The author believes that the matrimonial property should include not only tangible property,but also intangible property and virtual property,and that the law should define their ownership accordingly.Second,this paper analyses the nature of unmarried cohabitation.The author insists that it does not belong to conjugal relation legally,so that the legitimate income during this period should belong to individual.Last but not least,this paper studies the issue of property division during the separation period.The author believes that the property of this period should be identified as community property.