增设离婚财产申报制度的立法建议

Legislative Proposals on the Establishment of Divorce Property Declaration System

离婚财产申报,是指法院要求离婚案件的当事人在一审法院审理中均要提供财产清单,在以后的审理中如发现仍有财产未申报的,按隐匿财产处理,将承担少分或不分的法律后果。其具有强制性、真实性、保密性的特点。对于提高司法效率、公平分配离婚财产、促进社会诚信等都有重要意义。本文将结合离婚财产申报在个别法院的试运行情况,对我国增设离婚财产申报制度的必要性、可行性,以及如何完善该制度做进一步介绍和探讨。

Divorce Property Declaration System, means that the court asked the parties of the divorce case to provide a list of property in the trail court, if any properties were found to be undeclared in the subsequent trial, the party will be treated as who hides the properties and will be allocated with less or no properties. The system is featured as mandatory, authentic and confidential, and it is significant to improve judicial efficiency, fair distribution of divorce property, and social integrity. This article will introduce and discuss the necessity, feasibility of the system and how to perfect the system, combining the trial operation of divorce property declaration system in some individual courts.