关于禁止近亲结婚的法哲学思考

Jurisprudence Thinking on the Ban of Consanguineous Marriage

出于伦理学和优生学的考虑,我国《婚姻法》禁止近亲结婚的规定,已被广大人民所接受。但在新的社会环境和思想观念的冲击下,婚姻法禁止中表亲结婚的规定,其逻辑前提已经受到了挑战,理论依据有所动摇。以婚姻自由为价值出发点,基于婚姻应该体现出契约的精神,在不给国家和社会带来负担的基础上,照顾到平等的每一利益主体,应充分尊重婚姻当事人的自我选择权利。

Based on concerning about the ethics and the eugenics, the ban of consanguineous marriage in the Marital Law is wildly accepted by numerous people in our country. In this paper, we take marriage between cousins （one kind of the consanguineous marriages） as a study scope. Under the impact of the new social environment and modern concept, the logical premise of the ban on marriage between cousins in the Marital Law has been challenged and the theoretical foundation has been wavered. The Marital Law should take the freedom value of marriage as a starting point. It need reflect the contract spirit and respect the self-selection right of each party on the basis of not bringing any social burden.