【導讀】類的繁衍和發(fā)展有著重大的意義。隨著社會經(jīng)濟的發(fā)展,僅依靠法定財產(chǎn)。制度和約定財產(chǎn)制度已不足以調(diào)整夫妻在財產(chǎn)方面的權(quán)利、義務關(guān)系。要又能體現(xiàn)人們自由民主意志的夫妻財產(chǎn)制度是必不可少的。文明發(fā)展的必然要求。我國現(xiàn)行夫妻財產(chǎn)制度的規(guī)定過于籠統(tǒng)，在立法上。法權(quán)益，不利于家庭的和諧和社會的穩(wěn)定。建立完全約定化的夫妻財產(chǎn)制。度真正落到實處。

　　

【正文】 husband Prison or absence of the husband for their children married and without 山東科技大學本科畢業(yè)論文 27 leave of the court can not use the mon property。 her husband died in a crime and fines can be the mon property To pay, but his wife if he shall be fined, in the mon property, you should see the use of his wife all removed usufruct of personal property to pay. (C) his wife in life does not have an independent personality. They are husband appendages of the marriage will lose the name, if the divorce, the general practice is not allowed to women reuse exhusband39。s surname, on the contrary, if the husband Death, a widow can name the words survivors words. By the husband to determine the couple39。s residence, the wife must go hand in hand to him, absolutely can not live in his office, or Criminalization。 the husband the right to inspect his wife39。s letters, and can ask the postal service to her letters to him, or even destroyed. Wife of all social lines To have to be her husband39。s permission, such as occupation, signed art of the contract, obtained documents. When her husband insane, imprisoned, sentenced unable to fulfill his wife Child39。s custody, they can not get rid of the husband, as the judge to represent the husband39。s exercise of the authority of the husband. Husband even died, he continued to the underworld to exercise authority. Because In his death for widows specify a help him guardians of their children39。s consultant, if she remarried, the widow must obey the family consultant39。s decision. D) In order to safeguard the legitimate family, legislators always divorce hold hostile attitude French Revolution through the 1792 Act had provided seven grounds for divorce, Code, although not abolished as customs law, but only retained the One of the three: adultery, was sentenced abuse and major insult. Divorce are 山東科技大學本科畢業(yè)論文 28 very stringent, strict rules must be mutually agreed, shall not be married 2 years and Results Married 20 years later suggested that the husband mus t be at least 25 years old, fathers and parents must agree. Divorce requires a year to be repeated four times。 divorce after three years may not remarry。 In any case, can not remarry。 mit adultery shall not adulterer married. The law on women39。s hostility toward a more clear: If the mother had custody of the child, to Seven children, also to be handed over to their parents, even if he had been found guilty, and his wife in divorce proceedings may move out of her husband39。s home. (E) family issues on offense, the husband and wife in inequality before the law If the Augustus era, abolished the husband own trial his wife39。s rights, the French Civil Code, it allows the jury on its own trialHusband to pardon. 1808 drafting of the criminal law in cases of adultery and divorce case, the provisions made more blunt reflect on both the implementation of the unfair doubleImportant moral principles, adulteress may be sentenced to three months to two years imprisonment, while the adulterer just fine 100 2020 francs fine。 wife only when her husband publiclyCode drafters ofOne of the Portalis points to such a the guiding principle of: his wife more than her husband39。s infidelity with a greater corrosive and dangerous consequences, because they are the firstFirst, continue the family line who, their behavior if the deviation from morality that is likely to safeguard the integrity of the family have a more serious threat. Therefore, the women, once married, in the public domain lost their identity, their identity only by the husband to reflect the husband is her guardian,The 山東科技大學本科畢業(yè)論文 29 wife must obey her husband, the husband39。s surname, without her husband39。s permission, women do not seek medical treatment, employment rights, no legal status, the status of women inferior, menThe status of life than women, and was Napoleon, in legal form to low status of women fixed. At that time the author of a Review Code draftWrote: women, children, servants had not a cent of property, because they are an asset: women are men, children belonging to them, the servant is only a tool, the time, The labor, skills belong to the owner. Can be seen of men in marriage the beneficiaries are the women are victims, even the baked carbon man at home that the owner, as Wellknown female social activist Flora ? Tristan French women in the family39。s position description, the most oppressed man can oppress a people, thatIs his wife, she is the proletariat of the proletariat. Although some women still cry, such as President schools reported female editors, this situation made antiProposed, but not too new perspective, not a requirement just to protest it. Bourgeois women were looking down on women39。s dull air, very careful, very Obey, can not follow the female editors go against the road, but as far as possible their own line for men and women shape the image. Starr wife is the only stand upOut of the condemnation of this arbitrary social custom of women, but too weak, forced in 1821 fled to St. Petersburg. In conclusion based on private ownership based on marriage legislation are slavery and oppression of women. Capitalism, marriage and family legislation in spite of the marriage ZiBy the, but in real life marriage was not out of money constraints, as Marx said: bourgeois tore the cover in a familial sentimentalVeil, to put this relationship into a mere money relation. And gender equality, freedom and not explicitly as a marriage and family legislation in principle, the 山東科技大學本科畢業(yè)論文 30 opposite is the maintenance ofMen39。s interests, until the early 20th century was modified. In marriage, the weakened authority of the husband, husband a