《民法典》规定的家庭成员类型与职责

Types of Family Members and Their Duties under The Civil Code

《民法典》重视家庭建设,规定了家庭成员的类型与职责,存在的不足主要是没有对家庭概念进行界定,规定家庭成员的类型与现实生活不一致,包含的家庭成员不完整,对家庭成员职责的规定引发歧义,也没有规定家庭事务管理规则。借鉴民间习俗及境外立法例,家庭成员应当被分为基本家庭成员、其他家庭成员和准家庭成员,《民法典》第1043条解释了家庭成员对家庭应负的职责,也规定了必要的家庭事务管理规则。管理好家庭事务,建设优良家风、家庭美德和家庭文明,可以为社会文明的进步发挥基础性的推动作用。

The Civil Code attaches importance to family construction and stipulates the types and duties of family members. However, it does not define the concept of family, the types of family members stipulated are inconsistent with the real life, the family members included are incomplete, the stipulations on the duties of family members may lead to ambiguity, and the rules for managing family affairs are not stipulated. Drawing on folk customs and over-seas legislation, family members should be divided into basic family members, other family members and quasi-family members, and Article 1043 of The Civil Code should explain the duties that family members have for the family, and also provide the necessary rules for the management of family affairs, so as to manage family affairs, build up good family customs, family virtues and family civilization, and play a fundamental role in promoting the progress of social civilization.