法定夫妻财产制度探析
发布时间：2018-09-18 11:59
【摘要】：随着我国社会主义市场经济的发展，人们的物质生活水平有了很大的提高，不仅是普通的合同当事人，就连相伴到老的夫、妻也对财产所有权有了明确的要求。 夫妻家庭的和睦，乃至一个国家社会的稳定及经济的快速、健康发展，都与夫妻法定财产制度息息相关。夫妻财产关系是婚姻家庭关系的核心,现今的婚姻家庭生活中，身份关系的弱化和财产关系的加强使我们不得不更加关注夫妻间的财产权益，亦更加重视夫妻法定财产制度。 法定夫妻财产制度在经历了一个漫长的发展和演变期后正在日渐成熟，其在世界各国法律体系中的地位也越来越重要。新中国成立至今，我国对《婚姻法》进行了多次修正，相继完善了个人特定财产制作为法定财产制的补充，并在2001年的新《婚姻法》中逐渐形成了约定夫妻财产制和法定夫妻财产制相结合的夫妻财产制模式，取得了很大的进步，也基本适应了我国社会与经济的发展，但我们还必须看到其仍存在着诸多亟需完善的地方。为此，笔者结合我国的当前的实际国情和社会背景，从国内与国外等多个角度同时出发，并在历史分析、社会分析、比较分析的基础上综合运用文献研究、描述性研究、经验总结及定性分析的方法对法定夫妻财产制度进行研究和探讨，阐述了自己的观点和见解，希望自己的一点努力能使越来越多老师、同仁和学者关注法定夫妻财产制度，尤其是该制度在我国的发展。 本篇论文共分为四个部分。论文首部分是从宏观上解读法定夫妻财产制度的基本理论；第二部分主要是针对该制度，比较发达国家的相关立法；第三部分是在论文前两部分的铺垫之上来探讨我国的现行法定夫妻财产制度；第四部分针对我国现行法定夫妻财产制度中的缺点，提出自己的完善意见。主要内容如下： 第一部分，法定夫妻财产制度的基本理论。该部分从法定夫妻财产制度的含义出发，阐述了法定夫妻财产制度存在的普遍特征，并在前两者的基础上划分出法定夫妻财产制度的基本分类，力求从宏观上对法定夫妻财产制度进行认识。 第二部分，研究世界主要发达国家法律体系中关于该项制度的立法例。当日益增加的男女双方缔结婚姻选用夫妻约定财产制时，世界各国在其婚姻立法中对于法定夫妻财产的规定也普遍给予了非常重要的地位。世界各国的法律制度在各自发展的同时也在不断的趋同，，法定夫妻财产制度也不例外。研究国外先进的立法例，不但能提高自身的理论基础，而且也能为我国相关法律制度的建设和完善提供先行经验。 第三部分，我国现行夫妻法定财产制度概述。该部分主要论述了我国法定夫妻财产制度的历史发展和主要内容，对我国现行的法定夫妻财产制度进行价值分析，从而指出该制度在我国的成功与不足。 第四部分，联系我国的社会实际和现状，对我国在该制度上如何进一步完善提出自己的见解。该部分主要论述了在完善我国现行夫妻法定财产制度的过程中需要我们注意的一些问题，以及在上述三个部分的基础上提出了自己关于完善我国夫妻法定财产制度的几点见解。
[Abstract]:With the development of socialist market economy in our country, people's material living standards have been greatly improved. Not only ordinary contract parties, but also accompanied by old husbands, wives have clear requirements for property ownership.
The harmony between husband and wife's family, even the stability of a country's society, the rapid and healthy development of economy, are closely related to the legal property system of husband and wife. Property rights and interests also pay more attention to the statutory property system of husband and wife.
The legal marital property system is becoming more and more mature after a long period of development and evolution, and its status in the legal system of all countries in the world is becoming more and more important. In the new Marriage Law, the mode of conjugal property system which combines the prescribed conjugal property system with the statutory conjugal property system has been gradually formed, and great progress has been made, and it has basically adapted to the development of our society and economy. However, we must also see that there are still many areas which need to be perfected urgently. The situation and social background, from the domestic and foreign perspectives at the same time, and on the basis of historical analysis, social analysis, comparative analysis, comprehensive use of literature research, descriptive research, experience summary and qualitative analysis of the legal marital property system to study and explore, elaborated their views and opinions, I hope one of my own. More and more teachers, colleagues and scholars can pay attention to the legal marital property system, especially its development in China.
This paper is divided into four parts. The first part of the paper is to interpret the basic theory of the legal marital property system from a macro perspective; the second part is mainly aimed at the system, compared with the relevant legislation of developed countries; the third part is to explore the current legal marital property system in China on the basis of the first two parts of the paper; the fourth part is to discuss the current legal marital property system. In view of the shortcomings of the current legal marital property system in China, this paper puts forward some suggestions for improvement.
The first part is the basic theory of the legal marital property system.Starting from the meaning of the legal marital property system,this part expounds the universal characteristics of the legal marital property system,and divides the basic classification of the legal marital property system on the basis of the former two,and tries to understand the legal marital property system from a macroscopic perspective.
The second part studies the legislation of this system in the legal systems of the major developed countries in the world.As the increasing number of marriages between men and women choose the system of agreed property between husband and wife,the provisions of the legal property of husband and wife in the marriage legislation of all countries in the world are also given a very important position. At the same time, their respective development is constantly convergent, and the legal marital property system is no exception. The study of foreign advanced legislation can not only improve their theoretical basis, but also provide prior experience for the construction and improvement of the relevant legal system in China.
The third part is an overview of China's current legal property system for husband and wife.This part mainly discusses the historical development and main contents of China's legal property system for husband and wife,and analyzes the value of China's current legal property system for husband and wife,thus pointing out the success and shortcomings of the system in China.
The fourth part, connecting with the social reality and present situation of our country, puts forward our own opinions on how to further improve the system in our country. This part mainly discusses some problems needing our attention in the process of perfecting the current legal property system of husband and wife in our country, and puts forward our own opinions on perfecting the system on the basis of the above three parts. Several views on the legal property system of husband and wife in China.
【学位授予单位】：云南财经大学
【学位级别】：硕士
【学位授予年份】：2013
【分类号】：D923.9
本文编号：2247834
[Abstract]:With the development of socialist market economy in our country, people's material living standards have been greatly improved. Not only ordinary contract parties, but also accompanied by old husbands, wives have clear requirements for property ownership.
The harmony between husband and wife's family, even the stability of a country's society, the rapid and healthy development of economy, are closely related to the legal property system of husband and wife. Property rights and interests also pay more attention to the statutory property system of husband and wife.
The legal marital property system is becoming more and more mature after a long period of development and evolution, and its status in the legal system of all countries in the world is becoming more and more important. In the new Marriage Law, the mode of conjugal property system which combines the prescribed conjugal property system with the statutory conjugal property system has been gradually formed, and great progress has been made, and it has basically adapted to the development of our society and economy. However, we must also see that there are still many areas which need to be perfected urgently. The situation and social background, from the domestic and foreign perspectives at the same time, and on the basis of historical analysis, social analysis, comparative analysis, comprehensive use of literature research, descriptive research, experience summary and qualitative analysis of the legal marital property system to study and explore, elaborated their views and opinions, I hope one of my own. More and more teachers, colleagues and scholars can pay attention to the legal marital property system, especially its development in China.
This paper is divided into four parts. The first part of the paper is to interpret the basic theory of the legal marital property system from a macro perspective; the second part is mainly aimed at the system, compared with the relevant legislation of developed countries; the third part is to explore the current legal marital property system in China on the basis of the first two parts of the paper; the fourth part is to discuss the current legal marital property system. In view of the shortcomings of the current legal marital property system in China, this paper puts forward some suggestions for improvement.
The first part is the basic theory of the legal marital property system.Starting from the meaning of the legal marital property system,this part expounds the universal characteristics of the legal marital property system,and divides the basic classification of the legal marital property system on the basis of the former two,and tries to understand the legal marital property system from a macroscopic perspective.
The second part studies the legislation of this system in the legal systems of the major developed countries in the world.As the increasing number of marriages between men and women choose the system of agreed property between husband and wife,the provisions of the legal property of husband and wife in the marriage legislation of all countries in the world are also given a very important position. At the same time, their respective development is constantly convergent, and the legal marital property system is no exception. The study of foreign advanced legislation can not only improve their theoretical basis, but also provide prior experience for the construction and improvement of the relevant legal system in China.
The third part is an overview of China's current legal property system for husband and wife.This part mainly discusses the historical development and main contents of China's legal property system for husband and wife,and analyzes the value of China's current legal property system for husband and wife,thus pointing out the success and shortcomings of the system in China.
The fourth part, connecting with the social reality and present situation of our country, puts forward our own opinions on how to further improve the system in our country. This part mainly discusses some problems needing our attention in the process of perfecting the current legal property system of husband and wife in our country, and puts forward our own opinions on perfecting the system on the basis of the above three parts. Several views on the legal property system of husband and wife in China.
【学位授予单位】：云南财经大学
【学位级别】：硕士
【学位授予年份】：2013
【分类号】：D923.9
【参考文献】
相关期刊论文 前8条
1 杨大文;;中国诸法域夫妻财产制的比较研究[J];法学家;1996年06期
2 王利明;婚姻法修改中的若干问题[J];法学;2001年03期
3 姬新江;王燕军;;夫妻共有财产处分中的法律问题研究[J];甘肃政法学院学报;2009年06期
4 薛宁兰;许莉;;我国夫妻财产制立法若干问题探讨[J];法学论坛;2011年02期
5 朱艳仙;;我国夫妻财产制度立法的影响因素分析[J];思茅师范高等专科学校学报;2009年04期
6 陈苇;婚内所得知识产权的财产期待权之归属探讨——兼谈对《婚姻家庭法》(1999年法学专家建议稿)的修改建议[J];现代法学;2000年04期
7 瞿桂范;我国夫妻财产制的缺陷及立法完善[J];殷都学刊;1997年02期
8 崔晓喜;;略论夫妻财产制度的演变及其影响因素[J];中共郑州市委党校学报;2008年05期
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