论无效婚姻与可撤销婚姻是婚姻

Discussion on Void Marriage and Cancelable Marriage are Marriages

很多学者认为合法性是婚姻的本质属性,无效婚姻与可撤销婚姻不是婚姻。这种观点导致了很多的冲突与矛盾:它与婚姻的产生、人们对婚姻的认识不符;与法律、法规的规定相矛盾;导致法律、法规的自相矛盾。因此,无效婚姻与可撤销婚姻是婚姻。确认无效婚姻与可撤销婚姻是婚姻有着重要的意义:它符合立法的本意及人们的思维习惯;它真正维护一夫一妻制的原则;它体现了人文主义精神;它有利于人们更好地规范婚姻行为。

Many academicians think that legitimacy is marriage＇s essential attribute, void marriage and cancelable marriage are not marriages. This opinion results a lot of conflicts and contradictions： it is not in accordance with the occurrence of marriage and the view on marriage that people think, it will bring about contradictions with the prescribes of law and regulation, and result in antinomy between the prescribes of law and regulation. So void marriage and cancelable marriage are marriages. It is of great significance to affirm void marriage and cancelable marriage are marriages. It fits in with the accord of legisation and people＇ s thinking manner, it is surely to stand up for the principle of monogamy, it shows humanism soul, and bene fits effectively to restrict people＇s behavior on marriage.