构建我国夫妻法定分别财产制度研究

Research on the Construction of the Legal Property System for the Husband and for the Wife

我国实行法定财产和约定财产双轨制,但在目前的法定夫妻财产制度下,不能实现婚内赔偿请求。夫妻法定分别财产制度在很多国家及我国台湾地区均有规定。最高人民法院《关于适用〈中华人民共和国婚姻法〉若干问题的解释(三)》第4条规定了在夫妻关系存续期间可以对共有财产进行分割,可以认为我国开始尝试建立夫妻法定分别财产制。构建法定分别财产制,应明确该制度的适用范围、适用程序,并细化其法律效力。

China has adopted the legal property system and the contractual property system. But under the cur-rent legal marital property system, request for compensation can not be achieved within the marriage. The legal property system for the husband and for the wife is allowed in many countries, as well as the Taiwan Region of China. ＂Interpretation （III） by the Supreme Peoples Court about Several Issues on the Application of the Marriage Law of the Peoples Republic of China＂ Article 4 says that where, during the existence of a marital relationship, a spouse claims division of community property, the peoples court shall not support such a claim unless any of the following material reasons exists and the creditors interests are not damaged （omitted）. Based on this article, it is obvious that our country has tried to establish the legal property system for the husband and for the wife. Then our next step is to define the systems scope of application, application procedures, and the refined force of law.