对感情是婚姻基础的质疑——兼论惟感情论的婚姻观的危害

Discussion of Affection-based Marriage

感情不是婚姻的基础,而人的性本能需要和两性关系必然导致的血缘联系的客观需要是婚姻家庭的自然基础,婚姻家庭所赖以存在的生产力和生产关系的客观需要是婚姻家庭的社会基础。将感情理解为婚姻的基础是不科学的,进而形成的惟感情论的婚姻观更是有害无益的。

It is a widespread belief in the legal field of marriage and among the common people that affection is the base of marriage. But the author believes that is not the case. There are two bases in marriage, one is physical base which refer to the objective needs of blood relation in matrimonial family caused by human instinct and sextual needs, and the other is the social base which refers to the objective needs depending on the existing production relatives and productive forces. In the end the author concludes that it is unscientific to take the affection as the base of marriage, and it is harmful to hold the idea as the only base of marriage as well.