婚姻家庭变迁的制度回应——以未成年子女权益保障为视角

On the Institutional Response Chosen upon the Change of Marriage and Family:with a Perspective of Protecting the Right and Benefit of Children under Age

中国在由机械团结型社会向有机协作型社会转型的过程中,婚姻家庭观念亦由传统保守趋向自由开放,如婚姻伦理自由化、婚姻形态复杂化、家庭结构多元化以及家中心理念淡化等。由此导致的离婚率上升、单亲家庭和隔代家庭增加、农村留守儿童及非婚生子女数量剧增等给未成年子女的监护、抚养、探视等带来严峻挑战。基于婚姻家庭变迁背景下未成年子女权益保障之需要,创新发展婚姻家庭和社会保障制度,对社会转型期未成年子女权益保障面临的问题适时作出理性制度回应,是当代法律制度维护未成年子女权益法律价值的必然要求。

Chinese people’s attitudes to marriage and family have changed dramatically along with the transition ofsocial type and social structure, which characterized as the freedom of marriage ethics, a diversity of marriage and family forms as well as the degradation of family-centered culture. These changes have resulted in the rise of divorce rate, the increase of single-parent family, the up-going of grandparent-grandchildren family, and the increase of children staying behind their parents in the countryside. And all those in turn have raised a whole bunch of problems to how upbringing, educating, visiting and guarding the weak minors. To enhance the legal protection of the minor rights in accordance with the side effects occurred on the ground of China-specific conditions in this transitional era is the key for safeguarding the growth and the development of the minors.