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18 Frontiers L. China 1 (2023)

handle is hein.journals/frolch18 and id is 1 raw text is: 






https://doi.org/1 0.3868/s050-012-023-0001-0


   Educational Function of the Family

Property Legal System in China's Civil

         Code-Research on the Core

                      Socialist Values*


> MA Xinyana


Abstract The  educational function of law
is to inherently and positively standardize
and  institutionalize core ideologies and
values by directly affecting those ideologies,
incorporating  the  outlook  on  values,
ethics, life and honor and disgrace. The
purpose  of the Legislative Revision Plan
of Integrating the Core  Socialist Values
into the Construction  of  Rule of Law,
adopted  by  China's central government
in 2018, is to comprehensively strengthen
the  educational function of law  under
the guidance  of the socialist core values
within the entire socialist legal system, to
consolidate a  solid socialist ideological
foundation, and to improve  ideology and
ethics across China. As a family is the cell of a
society and the first classroom of life, family
value is not only at the core of a family but
also an essential part of a society. The legal
system relating to family property, based
on the family property system and spousal
inheritance right, can rationally adjust the
family property relationship; this system
can combine,  cultivate and carry forward
socialist core values, guide and cultivate
ethics, and promote family values, family
culture and family traditions. Moreover,
it can educate people to formulate an
appropriate outlook on life, values
and  money   and sense  of honor.   a


      Today, the legal system of family property,
      such  as the joint possession of marital
      incomes and the unlimited right to spousal
      inheritance, has shown  a negative effect
      on educational function, since it was born
      during the period of the relative shortage of
      family property in the past. Therefore, the
      Civil Code should follow the socialist core
      values, and update and innovate the family
      property legal system and thereby provide
      an  effective and efficient path to rectify
      the hitherto negative effect on educational
      function of the family property legal system.

      Keywords   educational function  of law,
      joint family  property,  limited spousal
      inheritance, extraordinary family property
      system

      A  law  has multiple  functions. Clearly,
      it  regulates  people's  behaviors  and
      thoughts. Therefore, it has the functions of
      standardization, admonition, penalties and
      relief, as well as the functions of education
      and   enlightenment.   The  educational
      function of law is an important aspect of
      legal theory, and the educational function
      of socialist law is practically significant for

This paper is translated from  f-U  (Contemporary Law Review),
020 (1): 3-14.
School of Law, Jilin University, Jilin 130015, China

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