The Matrimonial Property Legislation Value Of China

Legislative value is the spirit and soul of the legislation, All of the legislative actions are for some particular value goal, no matter which legislation can exist without legislation value guidance, and all of them are including the corresponding value orientations, and being dominated by choosing of values. To the special law of the civil law, matrimonial property legislation in marriage law, its legislative value was determined by common legislative value of the civil law, but because of its particular identity attribute and ethic attribute, it is also different from common legislative value of the civil law. Here with the background of the social transformation period. By means of systematically analysing the traditional family property regulations to the matrimonial property legislations, From the great changes of modern marriage and family which have caused by the social development, and research the problems existing in the present matrimonial property, try to put forwards some constructive suggestions on the legislative value choosing of present matrimonial property.The matrimonial property legislation is very important to start and maintain a family, to ensure the family functions, to realize the couples'rights and obligations, to protect the safety of the trade. So when studying the matrimonial property legislation value, should systematically analyze the different periods'matrimonial property legislation of our country. Before the Republic of China, our traditional family lived together with enjoying the same wealth all of their lives, only having the family property without matrimonial property, though it was filled with backwardness, it reflected the good order in that period. Using the experience of other countries'legislations for reference, the Republic of China broke through the traditional legislation of male chauvinism, and firstly reflected the legislation value of equality of men and women, and protecting personal property rights; from the first marriage law in1950to the new one in2001, and the three judicial interpretations, can obviously figure out that our legislators gradually took the matrimonial property to replace the family property, This is the performance of the family scale increasingly shrinking. At the same time, the legislation value that pursuit and reflect by civil law, such as equality, justice, order, freedom, integrity, efficiency are reflected in the marriage law, it is the inherent requirement of the marriage law's return to civil law system.Nevertheless, the public has an universal doubt about the matrimonial property legislation value in social transformation period, its legislation value is more and more tending to material, marketable and Commercial attribute, also mislead the arranges of the public family life. Actually matrimonial property relation has a close relation with the matrimonial personal relations, and is based on the matrimonial personal relations, it is different from the common property relation in market economy conditions, the traditional property legislation value can't completely generalize the matrimonial property legislation value. For the family or relatives law which would be brought into the civil code system, as the important component element, besides sharing some basic values, it must have its own particular value orientations, the matrimonial property legislation must reflect its particular identity attribute and ethic attribute, to be corresponding with the marriage or family ethic attribute.China's matrimonial property legislation can't get rid of traditional marriage and family ethic attribute, and neither borrow ours. The choosing and confirming of the future matrimonial property legislation value must be established in China's inherent excellent values, traditional model, traditional mentality, and the reality needs, if only emphasized on applied research about the new problems, new conditions which happened in real lives, and neglect the study of the matrimonial property legislation value, will certainly cause the legislation and judicature to seek quick success and instant benefits, finally will influence the harmonization and stabilization of the marriage and family. Therefore, for this law which adjust the matrimonial property relation, has a strong identity attribute and ethic attribute, should be based on what legislation values, and should set up what value goals, is in sore need of studying. On the base of deeply analysing, obtain a result that can divide the matrimonial property legislation value choosing into two parts:unifying and harmonizing the matrimonial property legislation value, and specific location of that value. Using the unifying and harmonizing the legislation value as the macro fundamental key, and with emphasis on the specific institutions'improvement and perfection to realize the value pursuit of legislation. Trying our best to making the matrimonial property legislation value coordinate with the common values of civil law system, and at the same time, keeping its own specific value, In order to achieve the final goal of maintaining marriage and family relations to be harmonious and stable.