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和睦幸福是每个人对家庭生活的最大企盼和追求。不论是传统中国的完全家庭主义,还是当代社会个人平等主义,中国婚姻家庭中夫妻双方的观念和财产分配方式在随着市场经济的发展而发生转变的同时,也继续保持着一些亘古不变的民间传统习俗。无疑,《婚姻法》司法解释三在夫妻财产分配方面的进步和创新值得肯定,但是其社会性别理念的缺失以及与传统观念的剧烈碰撞也是不能回避的事实。如今《婚姻法》已施行十余载,其三个司法解释也陆续出台,相信
Harmony Happiness is everyone’s greatest hope and pursuit of family life. Both traditional full familism and individual social egalitarianism in contemporary China, the concept and property distribution of both husband and wife in China’s marriage and family are changing along with the development of market economy, and meanwhile they also continue to have some unchanging Folk traditions and customs. There is no doubt that the progress and innovation in the marital law Judicial Interpretation III in the distribution of marital property is worthy of recognition. However, the lack of gender concept and the violent collision with traditional concepts can not be evaded. Today, the “Marriage Law” has been implemented for more than a decade, and its three judicial interpretations are also promulgated one after another, I believe