新中国《婚姻法》夫妻财产制及其价值取向的变迁

作为《婚姻法》的一项重要内容,夫妻财产制在新中国的三部《婚姻法》中所占的地位呈逐步提高的趋势。文章通过对制度变迁的纵向考察,认为新中国《婚姻法》关于夫妻财产制的价值取向经历了从家庭本位到夫妻本位再到夫妻、个人权利并重,兼顾社会利益的变化。并指出家庭有别于社会,合理界定家庭成员的个人权利,建立和维持婚姻、家庭的和谐才是婚姻立法的价值理念和终极关照。

On the Marital Property Systems and Their Changes in Value Tendency of the Laws of Marriage from 1949

As an important content of law of marriage, the status of marital property system has been,showing on-the-rise tendency in three codes of law of marriage since the foundation of PRC in 1949. The article analyzes this process of system evolution from the historic aspect, and points out that the value tendency of marital property has a transition from the core of family to that of couple and then to that of couple and individual with the consideration of social interest at the same time. The article also points out that family is distinct from society, and that rational distinguishing individual right in family and maintaining the harmony of marriage and family should be the value notion and ultimate goal in marriage legislation.