家庭民事法律地位的重新定位

A Study on Civil Subject Status of Family

家庭在社会生产和生活中具有的重要地位和作用,家庭和家庭成员无论在财产享有、意志形成和责任承担等方面都具有相对的独立性,家庭的稳定性是其他组织无法比拟的。法律应顺应现实的需要,赋予家庭以民事主体地位,使家庭和个人之间关系清晰、明确,既保障家庭的整体利益,也维护家庭成员的个人利益。

The development of civil subject has indicated to us that the scope of civil subject is extending continuely,enlarging from natural person and legal person to organization without legal personality.Non-natural person entity possessing capacity for civil rights requires such conditions as stable organization,independent will and interest.A family plays an important part in social production and social life.The family and its members have relative stability on holding properies, forming will and assuming responsibility.The family has absolutely stability compared with other organizations.The law should conform to the demands of reality, endow families with status of civil subject and make the relations between families and its members clear and definite, safeguarding the whole interest of families and personal interest of members of families.