关于禁婚规定和婚检强制的反思与对策

Regulations on Prohibition from Marriage and Mandatory Pre-Marital Health Examination: Reflections and Proposals

我国《婚姻法》规定,患有医学上认为不应当结婚的疾病的禁止结婚,此项规定既不利于公民平等权利的保护,也不符合我国签署的有关国际公约,同时也不符合的婚姻发展的现实状状况,有必要进行修改。由于我国婚姻关系正在走向多元化,婚姻关系与生育并没有必然的联系,因此,立基于现有婚姻法规定之上的强制婚检效果自然有限,加以取消是合理的。文章最后提出了立法建议与相关对策。

It is held that the stipulation in Marriage Law of People＇s Republic of China that man or woman suffering from any disease regarded by medical science as unfit for marriage is prohibited from marriage hinders the protection of human rights, fails to comply with the international pact the Chinese government signed on one hand, and lags far behind the status quo of marriage development on the other. Therefore, the amendment of the stipulation is of great necessity. Besides, the fact that marriage is not necessarily linked with birth giving because of the diversity of marriage relationship makes the role mandatory pre-marital health examination plays limited. The legislation orooosals and countermeasures are put forth at the end of the paper.