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婚内析产制度是指在婚姻关系存续期间,当发生法定特殊事由时,在不解除婚姻关系的前提下,夫妻一方或者其法定代理人请求人民法院对现有夫妻共同财产进行分割的制度。《最高人民法院关于适用〈中华人民共和国婚姻法〉若干问题的解释(三)》第4条对婚内析产制度作出了明确规定,对保护弱势一方当事人,维护家庭关系具有重大意义。但由于我国适用婚内析产的法定事由范围过窄、请求权人资格单一、对债权人利益的保护过于笼统等,导致其无法适应现实需求。本文认为应完善婚内析产适用的法定事由、确定法定代理人为请求权人以及从事前事后两方面对债权人利益进行保护等,以期在民法典编纂之际,将婚内析产纳入国家立法层面,使其在调整夫妻关系、促进家庭和谐中发挥应有作用。
The system of intercommunal disposition refers to the system where a spouse or his legal representative requests the people’s court to split the existing common property between husband and wife on the premise of statutory special reasons during the marriage. Article 4 of the Supreme People’s Court’s Interpretation on Several Issues Concerning the Application of the Marriage Law of the People’s Republic of China (3) Article 4 clearly stipulates the system of intermembrance property in marriage, which is of great significance to the protection of the disadvantaged party and the safeguarding of family relations. However, due to the narrow scope of the statutory reasons for the application of matrimonial resolution in our country, the requisitioner’s single qualification and the protection of creditors’ interests are too general, resulting in its inability to meet the real needs. In this paper, we should improve the legal reasons for the application of miscarriage in marriage, determine the protection of the interests of the creditors by the legal representatives as the claimants and before and after, with a view to including the matrimonial disorganization into the national legislation at the codification of the Civil Code. It plays a due role in adjusting the relationship between husband and wife and promoting family harmony.