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随着我国经济的不断发展,人民生活水平显著提升,股权在夫妻财产中所占的比例也逐渐增加。它在离婚时夫妻共同财产的所占比重也越来越大。由于我国现行相应法律的规定不够明确,暴露出操作性不强的内在缺陷,即在婚姻法和公司法中都为对其作出规定。从而出现了立法上的空白,造成股权作为夫妻共同财产的分割问题无法可依。夫妻共同股权既有股权的共同特征,又有其特殊性。
With the constant development of our economy, the standard of living of the people has risen significantly, and the share of equity in the marital property has also gradually increased. It is also a growing share of the common property of husband and wife when divorced. Due to the fact that the existing corresponding laws in our country are not clear enough, they reveal the inherent defects of poor operability, that is, they are stipulated in both the Marriage Law and Company Law. Therefore, the blank of legislation appeared, which caused the problem of the division of equity as the common property of husband and wife could not be settled. The common equity of husband and wife shares the common characteristics, but also has its particularity.