抚养义务与夫妻共同财产权的平衡机制探索——兼评最高人民法院公报案例“刘青先诉徐飚、尹欣怡抚养费纠纷案”

Analysis of the Balance System between the Care Duty and the Joint Property Right of Spouses——Review of the Case Recorded in the Bulletin of the Supreme People's Court

随着现代社会婚姻家庭关系越来越复杂,"抚养费问题"与"夫妻共同财产权问题"的冲突日益突显,理论界尚未探讨这一话题,实务界虽已经开始关注此类冲突,但是不同法院的处理方式却大相径庭。比较而言,分别处理上述两个问题的方式比合并处理的方式更为合理。为较好地解决"抚养费问题"与"夫妻共同财产权问题"的冲突,建议明确抚养费的性质及其与夫妻共同财产的关系。

As the marriage and family relationship in modem time becomes more and more complicated, the conlhct between the expenses of bringing up children and joint property right of spouses has seen a steep escalation. Academic circles have not discussed this problem, while practice circles have paid attention to it; however the courts are very different than each other in the way to solve the problem. Comparatively, it is more proper to deal with two issues respectively. In order to better resolve the conflict between the expenses of bringing up children and joint property fight of spouses, this paper suggests to explicit the nature of the expenses of bringing up children and the relationship between the connection between bringing up children and joint property of spouses.