Jurisprudence Analysis Of The Changes In The Contemporary Property System Of Husbands And Wives In My Country

As an important legal basis for adjusting and standardizing the relationship between husband and wife,the marital property regime is the core system in the field of marriage and family law.The scientific and reasonable marital property regime,which is a beneficial tool to maintain family happiness and social stability has great theoretical and practical significance.Since the founding of New China,the legislation of marital property regime has undergone many changes.The legal provisions have changed from simple and general to detailed and specific.The legal property system has changed from "family" sharing to couple sharing.The principle of legislation has changed from attaching importance to equality of rights between men and women to pursuing substantive equality between men and women.The purpose of legislation has changed from focusing on safeguarding family and social interests to balancing interests between individual,family and social.The value orientation has changed from paying attention to group wills,safeguarding the community interests of couples to respecting individual will and safeguarding individual legitimate rights and interests.The changes mentioned above cannot be separated from the influence of changes in social conditions.Changes in economic system and social foundation,family form and family functions,and property concepts are all subtly pushing forward the legislation on the property relationship between husband and wife.Only by continuously improving the marital property regime can it meet the needs of social development and provide guidance for judicial practice.From the perspective of the changes of the contemporary marital property regime in our country,not only the legislative level,but also the judicial level,the personality spirit of the property and the independent status of the property of the parties have been paid more and more attention.This is a manifestation of the law's commitment to protecting the legitimate rights and interests of marriage subjects,safeguarding the harmony and stability of family relations and guiding the good atmosphere in society.In particular,the establishment and improvement of the agreed marital property regime means that the concept of autonomy gradually permeates the marital property regime.Individual will is recognized and respected,and individual legitimate interests are protected.Marital property regime is no longer only the state's control tool for personal and family life,but also carries the expectations of the parties to a marriage for a better life.However,the maximization of the effectiveness and the utilitarian orientation of the market economy have penetrated into all aspects of people's lives,causing marriage has gradually been materialized.At the same time,today's individualism concept is increasingly strong,the ethics of the family destiny community is ignored,and the ethical expectation of the couple's weal and woe in the marital property regime has not been paid attention to.In particular,the introduction of relevant judicial interpretations which attach importance to the protection of individual interests and neglect the interests of the family community are issued,comprehensively influencing China's marriage ethics.Whether the future of the marital property regime will become a protector to maintain a harmonious family or a demon to encourage couples to calculate each other is a question that requires legislators and judicial personnel to make a choice.In the 21 st century,the development of society is moving quickly,showing new characteristics.The deepening of the market economy,the change of social structure,the abundance of property types and the complexity of property relations have all put forward new requirements for the marital property system.Although the protection of individual property rights in marriage is an inevitable trend of social development,the ethical attribute of marriage and family law cannot be ignored,resulting in imbalance between the protection of community interests and individual interests of husband and wife,deviating from the track of fairness and justice.Legislators should examine the defects of the existing marital property regime,follow the principle of substantive equality between men and women,and improve the marital property regime in order to respond to the new requirements of social development,achieve the goals of respecting individual freedom of will,and maintain harmony and happiness in the family and social.