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Educational Function of the Family Property Legal System in China's Civil Code-Research on the Core Socialist Values
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作者 MA Xinyana 《Frontiers of Law in China-Selected Publications from Chinese Universities》 2023年第1期1-21,共21页
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
关键词 educational function of law joint family property limited spousal inheritance extraordinary family property system
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