Conservatism And Radicalism:The Marital Property System In The Civil Code Of The Republic Of China

The Civil Code of the Republic of China is the first civil law formally promulgated and implemented in Chinese history,and also a important legislation of nanjing national government achievements,especially the relatives make up the marital property system in learning experience,continental law system from the legislation form to realize the transition from ancient to modern marital property system,from husband and wife one body doctrine to husband and wife separate body doctrine change.Equal rights between men and women,conservative and radical became the main melody of the code.In terms of marital property system evolution history background,the critical period of China in new era,the domestic political economy have changed markedly,combined with the infiltration of western marital property system related concept,women’s liberation movement rise ceaselessly,back extraterritoriality,the pressure of the internal and external factors on the evolution of the marital property system has had a profound effect.Old systems and concepts are impacted by new things and new situations,and the whole society urgently needs to improve the legal system to maintain the balance of order.Therefore,in the drafting process of The Civil Code of the Republic of China,we should not only consider the complicated situation of the society in the early republic of China,but also take into account the legislative principles and objectives of The Civil Code of the Republic of China.Therefore,The Civil Code of the Republic of China imitate Germany,Japan,Switzerland and other foreign advanced legislation,combined with its national conditions,put forward the joint property,common property system,property system,property system model of four types of marital property system respectively,and applicable age requirements in terms of improved continuously,but also in the strict rules of law and the judicial practice constantly improve the relief and judicial precedent.So that husband and wife as a whole and husband and wife in the process of continuous integration,and finally promote the husband and wife property relations gradually toward substantive equality.Through the sorting and thinking of the above contents,it is enough to show that the improvement of marital property system is the result of multiple comprehensive factors,and the game between conservative and radical,rigorous and innovative runs through the reform.In the process of institutional change,it is necessary to pay attention to the conflict and integration between the enactment law and the traditional customs,and at the same time give play to the initiative of the judiciary to make up for the deficiency of legislation.Husband and wife should not only focus on the equality of personality,but also pay attention to the balance of interests of both parties and even multiple parties,because the marital property relationship with identity and ethics and other aspects of the meaning.Therefore,maintaining the stability and harmony of husband and wife’s common life is the important value concept of building husband and wife property system.