Viewing The Allocation Of Marriage Property Right From The Legal Text

Marriage and family is the most basic unit of society,the rights of marriage and family life is an important part of civil rights,marital property rights means personal freedom and dignity in marriage,is the basis for both parties to exercise other rights,the fairness of its allocation has been concerned.On the basis of the theory of right allocation,this paper combines the theory of property right and gender,and enriches the theory of right allocation by analyzing the legal allocation of matrimonial property right.In addition,this paper analyzes the rights allocation from the perspective of matrimonial property rights,which provides a case perspective for examining the rights allocation in law;At the same time,it provides a reference for women to understand their subject identity in the allocation of rights,and a guide for gender equality to participate in the process of legal allocation.The legal allocation of marital property rights refers to the corresponding institutional arrangements for citizens’ marital property rights in the legal system of a country.Specifically,it stipulates the marital property rights of citizens in the Constitution and various departmental laws,and establishes and perfects them.A series of legal systems for the marital property rights of the relevant citizens.This article discusses the legal allocation of the right in combination with the analysis of relevant legal texts.The full text is divided into four parts:Firstly,through the detailed interpretation of the legal text,the author analyzes the status quo of the legal text on the allocation of marital property rights.It is analyzed that: First,the current legal texts of marriage and family tend to pursue free value when arranging the marital property rights,giving priority to protection.Personal property rights;second,ignoring the value of the human capital of both spouses in marriage and family life,and the value of one’s expected benefits arising from the depletion of human capital on the other’s human capital;third,the design of the divorce relief system In order to facilitate the handling of disputes between marriage and family,the law has the suspicion of irrational value of marital property rights.Then the author thinks about the status quo of the legal text on the allocation of marital property rights from the two aspects of the nature of marriage,the relationship between marriage and institution.It is believed that in the demarcation of the scope of marital property,the law’s priority to protect individual property rights is not only the indifference to the value of marriage,but actually the disguised protection of the male’s personal property rights in marriage.In the divorce relief system,the value of marital property rights is beneficial,although it is conducive to solving marriage and family disputes,but in the long run,the irrational value of marital property rights will lead to emotional value,resulting in disharmony between marriage and family.In the process of the value of marital property rights,the human capital and expected benefits that should be valued have not been legally addressed,resulting in the substantial unfairness of the husband and wife.Then the author analyzes the causes of the status quo of the allocation of marital property rights from the concept of contemporary rights,the value of civil law and traditional culture.Then the female’s understanding of the rights and the weak participation in the legal allocation also cause marriage to a certain extent.This kind of result of property rights allocation summarizes the reasons why marriage and family law preferentially allocates personal property rights and unreasonable value of marital property rights in the allocation of marital property rights.Finally,the author provides suggestions for the fairness of the results of legal allocation: First,the marriage property rights must first maintain the particularity of the marital property rights in order to achieve the best position for the benefit of others;second,recognize the family from the perspective of gender awareness The differences between men and women in life introduce a gender perspective in the law.Finally,women are urged to participate in the allocation of rights,to guide them to recognize their main position in the allocation of marital property rights,and to promote the rational allocation of marital property rights.