On The Right Of The Management Of The Spouses' Community Property

The right of the management of the spouses'community property means the spouses both have the right to make the decision of how to use the community property, and to put the decision into practice. This right is the consequential result of the development of history, and at the same time, the necessary remedy of the community theory .The right of the management of the spouses'community property aims to maintain the stability and harmonious of families. Authentically equal, economic safety, and partly efficiency are the instrumental value of this right. It is a new type of right. It is related to both the person and the property benefit.It is remarked in the investigation that the distribution of this right is impartial by and large, which makes most of the couples satisfied. However, there are also several unsatisfying distributions. The status should be analyzed in three points of view: the matters of the spouses their own, the effect of traditional culture, and the effect of law. The matters of the spouses themselves decide directly the distribution of the right. Traditional culture makes people think much of the stability and happiness of the family, and it plays opposite roles at the same time. Law plays much more negative roles than active ones.Considering all the status and the factors above, law should carry on more responsibility to confirmation the achievement, while improve the deficiency. A system of the rules on the right's exertion is urgently needed, and the system or rules related should also be remedied correspondingly.