婚内夫妻共同财产分割制度研究及完善

Research and Improvement of the System of Division of Joint Property between Husband and Wife within Marriage

民法典第1066条确立了婚内分割夫妻共同财产的制度,这在维护夫妻财产关系方面起到了重要作用,但是在立法上还存在着不足,比如财产分割范围不够明确、适用情形较狭窄、债权人利益得不到保护等,所以对婚内夫妻财产的分割进行研究探讨是十分有必要的。只有在坚持男女平等原则和稳定婚姻关系原则的指导下,并增加具体分割事由以及其他重大事由作为兜底条款,明确分割范围并准确界定夫妻共同财产,选择适当的分割方法,并增加对债权人利益保护的具体措施,该制度才能充分发挥其应有的社会功效。这样可以对我国的相关弱势群体进行法律救助,保护其合法的权益,以此来促进我国法治公平的实现,另一方面也希望能对我国婚姻法的完善提供有效的建议。

Article 1066 of the Civil Code establishes the system of dividing the joint property of husband and wife within marriage, which plays an important role in safeguarding the property relationship between husband and wife, but there are still deficiencies in legislation, such as the scope of property division is not clear enough, the application situation is narrow, and the interests of creditors are not protected, so it is very necessary to study and discuss the division of marital property. Only under the guidance of adhering to the principle of equality between men and women and the principle of stable marriage relations, adding specific reasons for division and other major reasons as catch-all clauses, clarifying the scope of division and accurately defining the joint property of husband and wife, choosing appropriate division methods, and adding specific measures to protect the interests of creditors, can the system give full play to its due social effectiveness. The significance of this is that it can provide legal aid to relevant vulnerable groups in our country and protect their legitimate rights and interests, so as to promote the fair realization of the rule of law in our country, and on the other hand, we hope to provide effective suggestions for the improvement of China’s marriage law.