【摘要】 婚姻中内置有合作与分工功能、夫妻之间共同利益与个体利益的平衡需求现实存在,传统的家庭角色也并未发生根本改变。因此,夫妻财产法应该体现性别的差异和对女性权益的保护。《民法典·婚姻家庭编》(草案三)稍显保守与被动,在弱化夫妻共同体性、强化个体利益保护的同时,却未能更多关注婚姻家庭中的性别差异与角色分工,难以满足性别关怀等人文主义的需求。基于夫妻关系的特质,应修正民法一般财产法规则在夫妻财产法领域的适用,在离婚经济补偿制度中保护女性在婚姻中的信赖利益与期待利益,赋予婚约中的无过错方享有利益赔偿请求权,认可家事劳务的经济价值。以保护传统婚姻中的互惠、利他和忠诚的精神,构建和谐婚姻家庭秩序。更多还原

【Abstract】 Marriage has built-in functions of cooperation and division of labor,as well as the need for balance between common interests and individual interests between husband and wife. The traditional family roles haven’t changed fundamentally. Therefore, the marital property law should reflect the gender difference and the protection of women’s rights and interests. The Civil Code Marriage and Family Edition is slightly conservative and passive. While weakening the nature of husband and wife community and strengthening the protection of individual interests, it fails to pay attention to gender differences and division of roles in marriage and family, which is difficult to meet the humanistic needs such as gender care. Based on the characteristics of the relationship between husband and wife, it’s necessary to amend the application of the general property law rules in the Civil Code in the field of husband and wife property law, protect women’s reliance interest and expectation interest in marriage in the divorce economic compensation system, grant the non-fault party in the marriage contract system the right to claim for interest compensation,and recognize the economic value of family services. By using those measures, we can protect the spirit of reciprocity, altruism and loyalty in traditional marriage, build a harmonious marriage and family order.更多还原