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夫妻任何一方对夫妻共有财产都享有处理权,但对于夫妻共有财产处理权如何行使,我国婚姻法及其解释并未做出进一步的规定。随着第三者和“包二奶”等社会现象的不断发生,这对我国《婚姻法》所规定的一夫一妻制及夫妻共有财产处理权的规定提出了严峻的挑战,这些行为破坏了他人的婚姻家庭,却往往只会受到道德的谴责。因而从法律上惩戒第三者,对于保护一夫一妻制具有很大的现实意义。
Any husband and wife have the right to dispose of the property owned by both husband and wife, but how to exercise the right of husband and wife to share the property does not make any further provisions in our country’s marriage law and its interpretation. With the continuous occurrence of social phenomena such as third parties and mistresses, this poses a serious challenge to the stipulations of monogamy and the right of husband and wife to share property stipulated in China’s Marriage Law. These actions undermine the Other people’s marriage and family, but often only be moral condemnation. Therefore, to punish the third party legally has great practical significance for the protection of monogamy.