抗日根据地及解放区女性婚姻关系解体时的财产权

Women's Property Right When Marriage Broke up in the Anti-Japanese Base Areas and Liberation Districts

中国传统婚姻家庭生活中的习俗是家庭财产共用,这是中国共产党在抗日根据地及解放区进行婚姻家庭改革的重要内容之一。中共对原有不合理的家庭财产制度进行了根本性改造,更加照顾了女性在婚姻关系解体时的财产权,为女性重新建立了一种平等且具有权益保障的新型的合理的家庭财产分配制度,从而使男女平权的妇女解放思想植根于中共治理下的广大乡村社会。不过,曲于婚姻家庭财产制度及其法律选择的价值取向关涉众多民众利益,其发生变革的基础是包括政治、经济、文化等在内的整个社会制度的变革,在社会制度未曾发生彻底变化的情势下,男女婚姻家庭财产平等权不会完全实现。

Family property sharing principle is the custom in Chinese traditional marriage life, which is one of the important contents of the CPC＇ s marriage and family reform in the anti-Japanese base areas and liberation districts. The previous unreasonable family property system was radically reformed by the CPC, women＇ s property right was more attended when the marriage broke up. An equal and guaranteed family property distribution system was rebuilt, and therefore the women liberation thought was rooted into the rural areas governed by the CPC. Since the marriage and family property system and its value in law is related to the people＇ s benefits, and its reform basis is the reform of the whole social system, including politics, economy and culture, and therefore, the equal marriage and family property right will not be achieved, as long as the social system isn＇ t radically changed.