《民法典·婚姻家庭编》男女平等原则之发展与思考

Development and Reflection on the Principle of Equality Between Men and Women in Marriage and Family Section of Civil Code

男女平等是新中国婚姻家庭立法的基本原则和重要的价值理念。新颁布的《民法典·婚姻家庭编》在坚持男女平等原则的基础上,更加关注实质平等,关注对女性权益的保障。其坚持夫妻共同财产制度,明确夫妻共同债务的认定标准,强化了双方合意的重要性;完善了离婚的家务劳动补偿制度,进一步肯定家务劳动的价值,增加离婚损害赔偿的兜底性规定,更好地保障了离婚中无过错一方的权益。婚姻家庭编中仍有多项制度需要进一步研究和完善,以达到真正实现性别实质平等的目的。

Equality between men and women is the basic principle and important value of marriage and family legislation in New China.On the basis of upholding the principle of equality between men and women,the newly adopted Marriage and Family Section of Civil Code pays more attention to substantive equality and the protection of women’s rights and interests.It adheres to the joint property system of husband and wife,makes clear the determination standard of the joint debt of husband and wife,strengthens the importance of mutual agreement.It also improves the domestic labor compensation system for divorce,further affirms the value of domestic labor,increases the provision for compensation for divorce damages,and better protects the rights and interests of the party without fault in divorce.However,there is still much room to improve the marriage and family compilation which needs to be further studied and perfected in order to achieve the goal of substantive equality between men and women.