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意思自治程度高低是划分公私法性质的标准,也是夫妻财产制度性质的划分标准。我国目前的夫妻财产制度具有私法和社会法的双重属性。因此,在婚姻家庭立法上不能再限于意思自治的私法理论的框架,应根据我国家庭生产力发展水平和习俗、经济生活的现状,予以完善。
The level of autonomy of autonomy is the standard of dividing the nature of public and private law and also the dividing standard of the nature of husband and wife property system. The present system of conjugal property in our country has the dual attributes of private law and social law. Therefore, the framework of the theory of private law that can no longer be confined to the autonomy of autonomy in marriage and family law should be perfected in accordance with the development level of our family’s productivity and the status quo in our economic life.