Research On Family Property System From The Perspective Of Family Ethics

In the background of market economy,the Chinese marriage and family law tends to property law gradually.The introduce of “judicial interpretation of marriage law(three)” has been criticized by the community,saying it emphasis on individual rights excessively,ignoring the whole of marriage and family,and,in the protection of women's rights it is extremely unfavorable.The current marriage law confuses the life of commercial and family,it makes the marriage law become a part of the property law,must destroying the balance of the family ethics function and economic function,causing the family life instable,reducing the family happiness.The paper beginning with a case,raises the present marriage law emphasizing individual rights and interests,that is not conducive to protect the rights of women and the related problem,to put forward the essence of marriage is ethical relations.But the current marriage law pays more and more attention to the economic benefits and neglects the traditional ethical features of family life.It is mainly in the following aspects: “judicial interpretation of marriage law(three)”article sixth classifies the donation behavior between husband and wife into the adjustment scope of Contract Law,allowing the donor to exercise any rights of revocation,that violates the interests of the presentee greatly(the presentee is usually a woman);The article tenth classifies the property ownership between husband and wife about house into “property law”,causing the property law is gradually infiltrated into the marriage law;Not yet acquired intellectual property and other similar interests are excluded from the scope of the marriage law,so that the endeavor of the other part in the family gets no return;The value of housework is difficult to achieve in marriage and family,unless the husband and wife implement separate property system or they divorce,leading to women's status in family and society is still lower than that of men.In view of the above problems,this topic draws successful lessons from the most developed country in the family property system,the United States,about the segmentation method of family property,the up bring system after they divorce and so on,proposing several measures to improve the current marriage law in China: Make the principle of integration and the principle of people oriented to the basic principle,on the whole,to realize the ethical design of family property system;Increase the scope of the very propertysystem,define that it can only be implemented in the form of litigation,and limit the scope of the applicant;Allow the property law to intervene in the field of marriage law,at the same time,the marriage law should take the particularity of marriage and family into consideration in the reference of property law,and the relevant provisions of the property law should not be applied directly to the marriage law;The not yet achieved intellectual property rights and the similar intellectual property rights obtained by the husband and wife in the course of the marriage relationship should be classified to the common property of the husband and wife,and the property that can be assessed at the time of divorce can be divided directly,the property that can't be assessed at the time of divorce can be divided when the economic benefits are realized;To compensate for the hard work of the part who undertakes the housework,the marriage law should stipulate the personal property during the duration of marriage can convert into the common property of couple according to a certain proportion,year by year,and at the time of divorce give the one who undertake housework adequate compensation standards.