The educational function of law is to inherently and positively standardize and institutionalize core ideologies and values by directly affecting those ideologies,incorporating the outlook on values,ethics,life and ho...The educational function of law is to inherently and positively standardize and institutionalize core ideologies and values by directly affecting those ideologies,incorporating the outlook on values,ethics,life and honor and disgrace.The purpose of the Legislative Revision Plan of Integrating the Core Socialist Values into the Construction of Rule of Law,adopted by China's central government in 2018,is to comprehensively strengthen the educational function of law under the guidance of the socialist core values within the entire socialist legal system,to consolidate a solid socialist ideological foundation,and to improve ideology and ethics across China.As a family is the cell of a society and the first classroom of life,family value is not only at the core of a family but also an essential part of a society.The legal system relating to family property,based on the family property system and spousal inheritance right,can rationally adjust the family property relationship;this system can combine,cultivate and carry forward socialist core values,guide and cultivate ethics,and promote family values,family culture and family traditions.Moreover,it can educate people to formulate an appropriate outlook on life,values and money and sense of honor.Today,the legal system of family property,such as the joint possession of marital incomes and the unlimited right to spousal inheritance,has shown a negative effect on educational function,since it was born during the period of the relative shortage of family property in the past.Therefore,the Civil Code should follow the socialist core values,and update and innovate the family property legal system and thereby provide an effective and efficient path to rectify the hitherto negative effect on educational function of the family property legal system.展开更多
The fine family values incorporated into China's Civil Code can effectively resolve the contradiction between the Marriage and Family Law's specific socialization requirements and the relatively insufficient s...The fine family values incorporated into China's Civil Code can effectively resolve the contradiction between the Marriage and Family Law's specific socialization requirements and the relatively insufficient socialization theypresent after they have been incorporated into the Civil Code of the People's Republic of China.The fine family values clauses can reflect the ethics of Marriage and Family Law by introducing the family's subject position in identity law,by specifying the scope and source of public order for judging behavior legitimacy in family relations,and by checking and balancing the tendency of turning Marriage and Family Law into Property Law.The clauses'normative effect includes the organizational effect aimed at regulating family power,social power and state power,and the advisory effect for promoting moral education.However,its core lies in its behavior normative effect for guiding the judicial process and its adjudicative normative effect.In terms of specific application,we should focus on realizing the normative function of the fine family values clauses.This function includes proving the relationship between a guardian's“lack of control and education”and external damage caused by family members,balancing family stability and personal freedom value,1limiting seeking improper property interests by means of identity behavior and creating independent legal interests.展开更多
文摘The educational function of law is to inherently and positively standardize and institutionalize core ideologies and values by directly affecting those ideologies,incorporating the outlook on values,ethics,life and honor and disgrace.The purpose of the Legislative Revision Plan of Integrating the Core Socialist Values into the Construction of Rule of Law,adopted by China's central government in 2018,is to comprehensively strengthen the educational function of law under the guidance of the socialist core values within the entire socialist legal system,to consolidate a solid socialist ideological foundation,and to improve ideology and ethics across China.As a family is the cell of a society and the first classroom of life,family value is not only at the core of a family but also an essential part of a society.The legal system relating to family property,based on the family property system and spousal inheritance right,can rationally adjust the family property relationship;this system can combine,cultivate and carry forward socialist core values,guide and cultivate ethics,and promote family values,family culture and family traditions.Moreover,it can educate people to formulate an appropriate outlook on life,values and money and sense of honor.Today,the legal system of family property,such as the joint possession of marital incomes and the unlimited right to spousal inheritance,has shown a negative effect on educational function,since it was born during the period of the relative shortage of family property in the past.Therefore,the Civil Code should follow the socialist core values,and update and innovate the family property legal system and thereby provide an effective and efficient path to rectify the hitherto negative effect on educational function of the family property legal system.
文摘The fine family values incorporated into China's Civil Code can effectively resolve the contradiction between the Marriage and Family Law's specific socialization requirements and the relatively insufficient socialization theypresent after they have been incorporated into the Civil Code of the People's Republic of China.The fine family values clauses can reflect the ethics of Marriage and Family Law by introducing the family's subject position in identity law,by specifying the scope and source of public order for judging behavior legitimacy in family relations,and by checking and balancing the tendency of turning Marriage and Family Law into Property Law.The clauses'normative effect includes the organizational effect aimed at regulating family power,social power and state power,and the advisory effect for promoting moral education.However,its core lies in its behavior normative effect for guiding the judicial process and its adjudicative normative effect.In terms of specific application,we should focus on realizing the normative function of the fine family values clauses.This function includes proving the relationship between a guardian's“lack of control and education”and external damage caused by family members,balancing family stability and personal freedom value,1limiting seeking improper property interests by means of identity behavior and creating independent legal interests.
