婚姻法修改中几个争议问题的探讨

本文对婚姻法修改中几个有争议的问题进行了理论探讨 ,指出 :共同财产制更能反映婚姻的本质和特征 ,我国法定夫妻财产制应由夫妻共同财产和夫妻个人特有财产两部分构成 ;约定夫妻财产制应从其功能出发选择立法模式 ;改“夫妻感情确已破裂”为“婚姻关系确已破裂”作为判决离婚的理由 ,这一改变不意味着放宽离婚条件或增加离婚难度 ,离婚与社会稳定之间没有直接关系。

on Several Controversial Issues in the Modification of Marriage Law

This article discusses about several controversial issues arising during the revision of the family law. It points out that the community property system can reflect the essence and characteristics of the marriage more accurately, and the legal marital property system of our country shall be consisted of two parts: the community property system and the peculiar property of spouses; Contractual marital property system shall choose its legislative model on the basis of its function; The ground for divorce shall be changed from “incompatibility” to “the marital relationship is actually broken”, and this change does not mean that the preconditions for divorce have been relaxed or become more stringent, There is no direct correlation between divorce and social stability.