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近在咫尺20年来,我国婚姻家庭领域发生了许许多多的变化,如非婚同居、同性婚、丁克家庭的出现。家庭被抨击为一个“令人烦闷难忍和行将崩溃的”组织单位,它的“灭亡不仅即将来临而且深受欢迎”。许多问题摆在我们的面前:法律如何调整这些事实关系,保护当事人的合理权益,如何完善婚姻立法以适应社会的需求。本文根据我国目前的婚姻状况,对如何完善我国婚姻立法框架提出了一些建议。
In the recent 20 years, many changes have taken place in the field of marriage and family in our country, such as cohabitation of unmarried people, same-sex marriage and the appearance of the Dink family. The family was lashed out as an “unbearable and impending collapse” of its organizational unit, whose “demise is not only coming and welcome.” Many problems lie in front of us: how the law adjusts these factual relations, protects the reasonable rights and interests of the parties, and how to perfect the marriage legislation to meet the needs of the society. Based on the current marital status in our country, this article puts forward some suggestions on how to perfect the legislative framework of our marriage.