权利与婚姻家庭堡垒

Right and Fortress of marriage and family

现实生活中的人,在法律上表现为抽象的权利义务综合体。权利是人的象征和判断人是否存在的参照点。它一般不随个人所在时空域的改变而发生变化。可是,现在个人一旦进入婚姻家庭中,其权利就可以任意被侵害。作为个人权利保护者的公共权力机关对侵害公民权利的行为也爱莫能助。婚姻家庭已经成为个人权利被任意践踏和侵害的堡垒。这有观念和制度上的原因。要想对处在婚姻家庭这个时空域中的个人权利给予保护,必须以权利为突破口和手段。

A person is a animated existence in true-life, but it is only a nonobjective synthesis of legal right and legal obligation in law. Right is a symbol of human being and of whether human being exists or not. So right must be protected and redressed. Right do not change with time and space currently. But when a person comes into marriage and family, his right will be trampled at will. As protector of right of individual, the spirit of department of public power is willing to help but the body is weak. Marriage and family is becoming a fortress to shield act of trampling right. There is two reasons: one is our idea; the other is up to date system. In order to protect right in marriage and family, we must use right as outlet and means.