On Alienation And Recurrence Of Statutory Matrimonial Property System In China

Alienation is an eternal theme in philosophical research.The alienation of law is an extension of the theory of alienation in the field of law,which the forms of alienation include deity-rooted and materials-rooted of law.It means that the law has become "God-centered" or "substance-centered" and in turn it becomes a tool for oppressing people.The development of market economy makes people more and more inclined to pursue the satisfaction of material desires.This dependence on substance is also reflected in the development of the current statutory matrimonial property in China.The most obvious feature is that the rules of civil property law are widely applied in the field of marital property relations.Since 1980,the development of statutory matrimonial property system has presented the logic of materialization.The current "Marriage Law" in China adopts the Common Ownership after Marriage as the statutory matrimonial property system,and accordingly stipulates the scope of statutory couples' common property and the scope of statutory couples' personal property.The definition of matrimonial property has been changing in recent years.The absolutization of personal ownership of spouse and the relativization of Common ownership of spouse are the general trends in the attribution of marital property at this stage.The conversion rules for personal property of couples cannot be raised to the law due to lack of basis in Property Law;The fruits and natural gains of the couple's personal property after marriage are recognized as the couple's personal property on the basis of the principle of "reproduction from the original" in the Property Law.Both are due to the intervention of the rule Property Law to make the husband and wife individual absolute.In addition,the house registered in the name of the spouse's pre-marriage mortgage is recognized as the personal property due to the relativity principle of contract and the rule of acquisition of real property right.;After marriage,the parents for their children to buy a house registered in the name of one party,which is identified as the personal property of the husband and wife with the validity of the real estate registration to deduce the meaning of the parents;Thus it can be seen that,the property-centered ideology makes the statutory marital property system is affected by the property law rules of the civil law and the "things" above the "man".From the perspective of alienation,it is the statutory marital property system that deviates from its original intention and develops into its own opposite.That is to say,the purpose of the legislation is to protect the security of transactions;in terms of value orientation,it tends to appeal for value above economic interests;in the legislative conception,the purpose of the legislative concept of materiality is presented.The statutory materialization of the current statutory matrimonial property system is an inevitable result of the misplaced and unbalanced values of "human" and "material" in the legislation,which will not only cause its own development dilemma,but also negatively affect the conclusion and maintenance of the spouse relationship.In order to overcome the adverse effects of alienation,the statutory matrimonial property system should return to a humanistic position.Civil Law is Human Law.The statutory matrimonial property system is one of the Civil Law,which we should take people-oriented as the core concept.The humanization of matrimonial property system means respect for personality,sublimation of human nature and publicity of human rights.The husband and wife property relationship is also a person-to-person relationship.One cannot ignore the unitary nature of the principal position of the person in the statutory matrimonial property system and the personality relationship between the husband and the wife under certain circumstances.Humanity has a positive and negative side.The human nature of the statutory matrimonial property system is to guide people to the side of goodness and realize the ultimate concern for the sublimation of human nature.The design of the statutory matrimonial property system is inextricably linked to human rights,but this does not mean that individuals can abuse their rights and infringe their legal rights.The development of the statutory matrimonial property system at home and abroad has demonstrated the pursuit of humanistic spirit.The humanistic nature of the statutory matrimonial property system is a new trend in the development of modern civilization.In order to realize the legal nature of statutory matrimonial property,we must overcome the nature of alienation.The statutory matrimonial property system should meet the basic requirements of returning to family security,safeguarding family ethical values,and establishing a humanistic legislative philosophy.There are various legislative models of the statutory matrimonial property system.The construction of humanization statutory matrimonial property system also needs to be investigated from the standpoint of humanism.In comparison with the system of man and wife's separate Estate,the common property system of husband and wife respects the independence and particularity of husband and wife's personality,and it is in line with the nature of common life,and is more beneficial to the relationship of husband and wife.Comparing several kinds of the common property system,the common ownership of labor income during marriage is the best choice of legislation,which is in line with the requirement of the humanization statutory matrimonial property system.But in the concrete construction,the scope of the labor income should be limited to the wealth obtained through labor,not the wealth that is obtained from other factors other than the labor,such as luck.It is worth noting that the legislation needs to recognize the value of housework,and that the property ownership of the husband and wife should include the power of possession,use,income,disposition and management.The statutory matrimonial property system should stipulate that both husband and wife have equal rights of possession,use,income,disposition and management,but the exercise of their rights does not require the husband and wife to share the property.For couples exercising their personal property rights,there is also a constraint between husband and wife.