在婚姻家庭案件中的财产分割问题一直都是婚姻案件调解中的一大难题,在法律实务中,经常会出现夫妻双方在离婚调解时或者协议离婚时明确将夫妻共同财产给予子女的情况,但对于该行为的定性和具体操作在司法实务界仍旧饱受争议。对该行为进行定性将很大程度的决定调解书的正确与否,也将决定该调解书是否具有可执行性。 The issue of property division in marriage and family cases has always been a major problem in the mediation of marriage cases. In the legal practice, it is often the case that both spouses explicitly give joint property to their children during the process of divorce mediation or divorce at the time of divorce. However, The nature of the act and the specific operation in the field of judicial practice is still controversial. Qualifying the act will largely determine whether the conciliation is correct or not and will also determine whether the conciliation is enforceable.