Family Style Construction and the Code of Code of the Civil Code
July 13, 2022 09:13 Source: "Chinese Social Sciences", July 13, 2022, Issue 2447 Author: Dong Wen

Since the 18th National Congress of the Communist Party of China,The Party Central Committee with Comrade Xi Jinping as the core attaches great importance to family problems,Repeated emphasis on "paying attention to family、Focus on tutoring、Pay attention to family style "。The "Family Education Promotion Law" implemented from January 1, 2022 is to guide the whole society to pay attention to family、Family Education、Home Wind。Family is the smallest unit of society,"Family harmony is social stability,Family Happiness is peaceful society,Family civilization is social civilization "。The harmony and stability of society is related to the harmonious civilization of the family style,The shape of the excellent family style requires both moral guidance,Also requires legal protection。

The Civil Code has been promulgated for two years,As "Encyclopedia of Social Life",It clearly pointed out the necessity of establishing excellent family style in guiding the construction of the family style。Article 1043 stipulates,"Family should establish an excellent family style,Promoting family virtues,Pay attention to the construction of family civilization。husband and wife should be loyal to each other,Respect each other,Related love; family members should respect the elderly and love the young,Help each other,Maintenance Equality、Holy、Civilized marriage and family relationship "。

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Observe from the perspective of sociology,Family relationships are different from general social relationships,It belongs to a primary social relationship based on direct emotional exchanges,High unity of economic benefits、Frequent interpersonal interaction、Comprehensive,At the same time, there is a certain altruism tendency。Home Wind Construction bet365 best casino games is a systematic engineering,Based on the complexity of social relations,Grasp the between husband and wife、Between parents and children、The two -way relationship between the grandparents of the grandparents and the grandson (foreign) and the grandchildren of the (outside),It also needs to be targeted at the particularity of this social relationship,Properly handle the rights and obligations between family members from the perspective of Germany and France,。Write "Good Family Style" into the Civil Code,It reflects the country's respect for the moral ethics rules of the family field。As a basic principle of adjusting family relationships,The connotation of "Establishing Excellent Family Style" is clearly explained in Article 1043: It is reflected in the husband and wife as loyalty、Respect and care,It is reflected in the intergenerational to respect the elderly and loves the young、Help each other。Therefore,The purpose of establishing an excellent family style is to form equality in the family field、Harmony、Interpersonal relationships of civilization,In fact, it is inherited from promoting the core values ​​of socialism。

The Central Committee of the Communist Party of China clearly requires the integration of socialist core values ​​as the mainstream values ​​into the practice of rule of law,Leading China Construction。January 2021,Notice on the Supreme People's Court "Guiding Opinions on In -depth Promoting the Integration of Socialism's Core Values ​​into the Ranning of the Referendum",The important basis of the core values ​​of socialism as the reason to tell the law of referee。The principle of "establishing excellent family style" provides appropriate channels for the penetration of the core values ​​of socialism in the legal system,Realizing the integration of the "Civil Code" itself and the external value system。At the level of value declaration,By "equality、Harmony、Civilization、Friendly "socialist core values Bet365 lotto review ​​are projected into the principle of" Establishing Excellent Family Style ",Clarifying the direction of rights and obligations of the family field,That is, under the guidance of mainstream values, scientifically develops standard arrangements related to the family field,Promote the construction of Chinese characteristics in the new era; at the level of logic system,The specification expression of "establishing excellent family style" through the marital family editor,A response to the legislative purpose of promoting the core values ​​of socialism in the General Principles of the Civil Code,Ecological ecology presented by the Civil Code is more systemic,The tension between the specifications is extended。

  The standard interaction of the "excellent family style" enrollment method

General Secretary Xi Jinping pointed out,"Family is the first classroom of life,Parents are the first teacher of the child "。Parents' natural guardians as underage children,Negative support、Obligations of Education and Protection of Minor Children。Parents are in the process of fulfilling their supervision responsibilities,Children should be regarded as an equal subject,Respect its independent personality,instead of regarding it as "private item"。For the responsibility of performing the supervision of the supervision、Guardian who harms the healthy growth of minors,Make it lost the guardian's qualifications or restore its guardian's qualifications when it does have any repentance.,It is good for positive incentives and moderate control of the guardian's responsibility behavior。Therefore,General Principles Article 35 For how to fulfill its supervision responsibilities、Article 36 The revocation of the qualifications of the guardian、Article 38 provisions for the recovery of the guardian。Another,minors、Elderly people are vulnerable groups in the family field,The lack of labor ability makes it have a certain economic disadvantage,Economic support to give it to meet the needs of life is exactly where bet365 Play online games the family pension and childcare function live。For this,General Principles Article 196 clearly stipulates the request payment to support the support、Agreement、The right to request for supporting fees is not applicable to litigation。

The harmonious family relationship is based on the equal relationship between family members,​​The equal relationship between husband and wife is the basis for building an equal relationship between family members。For this,Marriage and Family Editor will penetrate the principle of equality from Article 1055 to Article 1066,That is, the husband and wife enjoy the right to personality、Inheritance right、property rights,Exercise the right to monitor、Family Agent Right,Performing the obligation to support each other equally。where,Especially in the undertaking of the joint debt of the husband and wife,"Civil Code" changed the old rules of the Marriage Law,The primary rules for determining the common debt of the husband and wife with "co -debt and common signs",By the debt use, whether the debt of the person in the name of the personal name is distinguished by the husband and wife's common debt。When the couple exceeds the daily liabilities of the family in the name of the family,"Civil Code" transferred whether the debt belongs to the liability of the husband and wife's common debt to the creditor,Effectively curb the unfair phenomenon of the long -term husband and wife who exist in practice for a long time。

other,Establishing a fair interest distribution mechanism is important for family harmony。In family relations,Out of the emotional drive from altruism,The husband and wife may have a certain degree of imbalance in the family's investment,Therefore,Article 1088 of the Civil Code stipulates the compensation system for the divorce economy,That is to raise children、Take care of the elderly、Assisting the other party's work to pay more,I have the right to request compensation from the other party when Bet365 lotto review divorced。Another,Article 1090 and 1091 of the Civil Code stipulates the divorce economy help system and divorce damage compensation system,Determined the clear and fair boundary of responsibility for the husband and wife。

Of course,Home Wind as a moral fashion that bred in the family,The solidification of its form depends on the continuity of time。But in recent years,Due to the influence of extreme individualist thoughts,Many husbands and wives lack the respect of the marriage relationship,See it as a child's play,The divorce rate is so high。For this,Marriage and Family Editor Article 1077 Actively respond to reality,Created a divorce and calm period system。Through two norms of "30 days" and two "removal of divorce registration applications",Added time and procedure requirements for the divorce of the parties,Promote the parties to think calmly,Reflecting the family responsibility of my own shoulder,To make a rational life choice,The solid generation of helping the excellent home style。

In the allocation of property involved in the inheritance,Reasonable and orderly distribution of the property of the inheritance,Make the stakeholders' each of them,The continuation of the excellent family style is of great significance。Especially on the occasion of legal inheritance,Invision because there is no existence of the willingness of the heir,How to make proper property share allocation among the close relatives of the same settlement and then set the score for the score,Deeply affects the harmony of family relationships。For this,Inheritance is based on the interests of the maintenance of the disadvantaged group,Corresponding specifications of legal inheritance design around the degree of performance of support obligations,that is, Article 1130 is based on humanism,Special care for disadvantaged groups with special difficulties and lack of labor ability for life,The concept of unified rights and obligations,"Heirs who have fulfilled their main support obligations bet365 live casino games or live with the heirs" and "the heir who has the ability to support and support the support ability and support conditions",The degree of performance of the support obligations and the increase and decrease of property rights are carried out to a certain extent。

Similar to it, there is a widow daughter -in -law、The definition of the inheritance of the inheritance after fulfilling the obligations of the widowed doll。Benevolent daughter -in -law、The doll son -in -law formed a family relationship with his in -laws or parents due to marriage relationship,The death of its spouse caused the marriage relationship,From a legal significance,,The family relationship with his in -laws or parents of his parents or parents is also died。Although there is no blood relationship,It is also unsure of support obligations,But for all emotional reasons,There are a lot of widowed daughter -in -law in reality、The son -in -law of the widow still carried out support for the parents -in -law or father -in -law。For this,Inheritance Editor Article 1129 clearly gives the mother -in -law、Father -in -law fulfilled the widowed daughter -in -law with the main support obligation、The son -in -law of the widow as the heir of the first place,Export positive laws to the public,Guide to form a young honor in the family、The excellent family style of the elders,Socialist morality that respects the elderly in the society。

  "Good Family Style" enters methodReflected the strong practical care of the Civil Code

"Excellent Family Style" enters method,It is based on the people's new expectations and new demands for excellent family style,Map the strong practical care of the "Civil Code"。Inside the value level,Reference function through legal principles,organically integrates socialist core values ​​into the family field,"Guide people to consciously bear family responsibility、Establish a good family style ",The dynamic balance of the moral constraints of legal rules and the legal support of moral norms。At the level of Bet365 lotto review the standard system,Through the General Promoting Editor、Marriage and Family Editor、Active interaction between the inheritance and "excellent family style" principle,Make the collaborative effect and linkage effect of the standard system of the Civil Code,The stability and coherence of the value order of the Civil Code of the Civil Code。

 (This article is the special "Yimeng Spirit Entering the Cultivation of Judge Value Cultivation Research" (21cymj07) in Shandong Social Science Planning Yimeng Spirit Research on Social Science Planning in Shandong Province)

(Author Unit: Law School of Shandong University of Finance and Economics)

Editor in charge: Zhang Jing
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