我国婚姻效力制度的经济分析

Economic Analysis on Chinese Marriage Effective System

按照经济分析法学的法律目的观,婚姻效力制度应当符合效率的要求。我国婚姻制度将重婚和近亲结婚规定为无效婚姻是契合婚姻效率要求的,但完全不承认事实婚姻和同居的法律效力、把患有医学上认为不应当结婚的疾病和未达到法定婚龄的一概设置为无效婚姻则是非效率的。因此,有必要对我国婚姻效力制度进行修改。

According to the legal purpose view of law science of economic analysis, the system that the marriage is effective or invalid should accord with the demands for efficiency. Of our country marriage system, the regulation that it stipulates bigamy and consanguineous marriage as the void marriage accords with the demands for marriage efficiency. But the other regulation, the one, not acknowledging the legal effect of the fact marriage and living together at all, is not efficiency. So is the one forbidding the person suffering from the disease thought not to get married in medical science and having not reached legally marriageable age to get married without exception. So, it is necessary to revise the system that the marriage is effective or invalid.