仪式婚的若干法律问题思考

Thinking about a Number of Legal Issues of Ceremony Marriage

新中国成立后,国家通过立法一举废除了仪式婚,改采登记婚。但由于民间传统习俗的影响和一些人法制观念淡薄等原因,仪式婚仍在一定范围内存在。仪式婚的形成与发展有其深刻的社会历史因素,因此,我国司法实践中对待仪式婚效力的态度也相应发生了变化,但在目前形势下,对仪式婚进行法律保护仍具有一定的必要性,其合理方法是进一步完善我国现行婚姻法律制度,即在某种情况下将仪式婚纳入法律轨道,实行婚姻法上的"一法二制"。

After new China was founded, the state abolished the ceremony marriage at one stroke through the legislation, to adopt the registration marriage. However,due to the impact of traditional customs or because some people are indifferent to the legal concept and so on, ceremony marriages still exist to some extent. This formation and development of the ceremony marriages have the profound social and historical factors, therefore, the changes of the attitude to the efficacity of the ceremony marriages lie in the judicial practice, but in the current situation, the legal protection of ceremony marriage is still necessary, the reasonable approach is to improve Chinese current legal system about the marriage, that is putting the ceremony marriages onto the track of law in some case, or rather, carrying out the ＂one law, two systems＂ in the Marriage Law.