《婚姻法》修正案四年实践之评析

A critique on the four-year practice of the Amendment to the Law of Marriage

从“书本上的法-行动中的法”框架出发,对2001年《婚姻法》修正案四年来的实际运行做考察和评析,认为2001年修改《婚姻法》虽然在立法上、理念上、法律规范层面上取得非常大的进步,但实际社会效果有限,没有完全实现其立法目的。在完善法律体系的时候要重视法律规范与社会规范等其他社会调控体系的协调,在法律与社会规范的和谐共生、相互促进、相互补充中实现社会调整目的。同时,也应该高度重视规范的可行性,研究其实际运行效果。

Based on the model of law in paper - law in action and by examining the four - year practice of the Amendment to the Law of Marriage and analyzing it, it is found that the effect of the Amendment to the Law of Marriage in legal practice is not as good as expected, although the Amendment indicates great progress in the aspect of legislation, legal ideal and legal norm and the legislative purpose has not been completely achieved. When we perfect the law system, we should attach great importance to the coordination of the regulation systems such as legal norm and social norm, etc. and realize the goal of social regulation in the harmonious coexistence, mutual promotion and mutual complement of law and social norm. Meanwhile, the feasibility of enforcement of statute and its practical effect should be paid more attention to.