《民法典》视角下离婚财产分割问题研究

Research on Divorce Property Division from the Perspective of the Civil Code

摘要: 本文以《民法典》为框架，围绕离婚财产分割制度的规范结构、实践适用问题展开分析。重点探讨离婚财产分割的基本原则、夫妻共同财产的认定范畴，以及股权、房产、投资性财产等特殊资产的具体分割规则。研究发现，离婚财产分割制度以意思自治为基础，兼顾实质公平原则，构建起尊重协议自由、保护婚姻关系中弱势方与无过错方合法权益的规范体系，同时设置了针对隐藏、转移财产等行为的制裁机制，保障财产分割程序公正。同时，该制度为司法实践提供了清晰指引，能有效化解离婚财产纠纷，对维护婚姻家庭稳定、保障社会公平秩序具有重要作用。但是，面对如今财产形态越发多元化的新挑战，相关规则与配套机制仍需进一步完善。

Abstract: Based on the framework of the Civil Code of the People’s Republic of China, this paper analyzes the normative structure and practical application of the divorce property division system. It focuses on the basic principles of divorce property division, the scope of identification of joint property of husband and wife, as well as the specific division rules of special assets such as equity interests, real estate and investment property. The study finds that the divorce property division system is based on the autonomy of will and takes into account the principle of substantive fairness, establishing a normative system that respects the freedom of agreement and protects the legitimate rights and interests of the vulnerable and innocent parties in marriage. Meanwhile, it sets up a sanction mechanism against acts such as concealing and transferring property to ensure the procedural justice of property division. In addition, the system provides clear guidance for judicial practice, which can effectively resolve divorce property disputes and plays an important role in maintaining the stability of marriage and family and safeguarding social fairness and order. However, in the face of new challenges posed by the increasingly diversified forms of property, relevant rules and supporting mechanisms still need to be further improved.