Analysis Of The Common Property Of Family Study

Only the law rooted in society that are the "living law",especially that deeply rooted in the history and culture of the nation,and in the hearts of the modern people.In the study of common rights theory,civil-law scholars generally recognize the common ownership of family property,almost same to any textbook or monograph of civil.However,the common property of family system under the civil law in China is not perfect.So the question is,what should family property be? What is its source and internal relationship? What is its appearance and external relations? How to regulate a field in civil law?So this thesis is to discuss the common property of family property.The structure of this paper is divided into four parts:Part?:That is about of family and family common property rules and problems.The common property of family and family is involved in law many times,but the specific provisions are not reflected in the legal provisions.This phenomenon leads to the absence of the family system in the legal relatives of our country,which can not be used in the judicial process.Although theoretically there is a lot of beneficial research on family property,relating to the family's common property and the rights and obligations of family members still not have the conclusion.Therefore,the systematic study of the common property of the family is the foundation of this paper.Part ?:First,it is starting with the definition of family property to clarify the close relation between property relation and family relation.Then,from the internal structure of the family,the author demonstrates the different types of family property,and the fact that the common property of the family is in the family members.After that,from the perspective of family function,the role of family property in social community is analyzed.Part ?:The family and identity behavior theory under the family law is the way to construct the family system.First of all,the generation of family is based on ethicalrelations,with profound historical and cultural accumulation.Therefore,the study of family civil subjects should be based on the tradition of history and ethics,and it should be combined with the nature of the non-legal person organization similar to the family group.Then,based on the theory of identity behavior in the internal relations of the family,this paper probes into the positioning of the family common property in the whole civil law system through the whole kinship law and kinship law.Finally,through the above discussion,it is concluded that the common property of the family is the significance of establishing the identity property of the whole family law domain.Part ?:Based on the content of part?and part?,this part aims to establish the standardization of family based on personal standard.In order to construct the identity property relationship in the civil code,it is necessary to construct a modern family common property system.The above content is mainly used to compare and analyze the method and the method of analyzing positivism.The purpose of this article is not to overthrow the existing all point,but by its through such research methods,the family joint property in common,the family and property on the three main lines of inquiry out its true nature in the current legal system."Common" as the system in property law is the object form of the static family common system.The system of "family" as kinship law is the subject evolution of the family common system which is dynamic.,and "property" as a bridge connects "family" and "common".