试论夫妻财产责任制度

在我国婚姻法中,只注重对夫妻财产静态权属的确认和保护,忽视对夫妻财产动态处分的调整.在一方擅自处分夫妻共同财产、滥用日常家事代理权、浪费共同财产而侵犯配偶一方的财产权时,法律未赋予受损害方充分的救济权利,未课以侵权人财产责任,使侵权人有恃无恐,导致侵犯配偶一方财产权的行为时有发生.所以,建构我国夫妻财产责任制度非常必要.

On the Responsibility System of the Property of Spouses

According to Marriage Law,the recognition and the protection of static rights concerning the property of spouses are accentuated while the regulation of the dynamic disposal is ignored.When one of the spouses violates the other's property right by disposing their common property of spouses,by abusing the power of attorney of housekeeping and by wasting their common property, the law does not endow the offended the remedy right and does not lay property responsibility on the tort-feasor.So,this kind of offence happens frequently.As a result,it is necessary to construct the responsibility system of the property of spouses.