民法典应重视家庭财产的保护——从台湾地区“家”制说起

Civil Code Should Emphasize Protection of Family Property——On the Family System in Taiwan

所谓的台湾地区"民法典",以家庭成员共同生活为本位规定"家"的制度,并融合运行着一套相互协调的家庭财产保护机制。我国现行立法对家庭共有财产的界定不清晰,未成年子女财产地位不独立,家庭生活费用的分担尚未义务化,家庭对外财产责任未做明确规定。在我国民法典制定进程中,应基于家庭的整体性利益的考虑,建立家庭共有财产制,确立日常家事代理权,明确家庭债务的范围,以家庭本位实现对家庭财产的周全保护。

As a system on family, the Civil Code of Taiwan is based on family whose members live together and integrates a whole coordinated system on the protection of family property. However, in the laws in the Chinese mainland there are no clear definitions on the common family property, no clear regulations on independent property ownership status for minors, obligations for the share of living expenses as well as responsibilities of property. The legislation of the Civil Code should be based on the interests of the whole family members, establishes the system of common family property system and agency of daily family affairs, and defines the range of family debts so as to give full protection of the family property.