内地与港澳婚姻缔结制度之比较

On Comparison of the Marriage Conclusion Systems of Hong Kong,Macao and China's Mainland

与内地相比,在结婚概念、婚约制度、婚姻形式、结婚要件、婚姻登记等方面港澳的规定都各具特色。澳门规定了婚约制度,认可事实婚姻;港澳均规定已满16周岁又不足成年年龄的人可在一定条件下缔结婚姻,并在结婚登记中设立了相应的司法救济程序;香港建立了拟结婚制度、临终婚姻制度;澳门则具有从临时批示到最终批示的婚姻登记程序以及紧急结婚制度。这些规定对内地婚姻法的完善均有较大借鉴意义。

Marriage systems of Hong Kong and Macao are quite different from those of Chinese Mainland in the conception of marriage,the promise system of marriage,marriage form,marriage essentials and marriage registration system.Marriage Law of Macao includes the promise system of marriage as well as facto marriage.Both two laws involve that teenagers ranging from 16 to 18 years old have right to marry in a certain condition and set judicial remedy in the process of marriage registration.The quasi marriage system and terminal marriage system were established in Hong Kong and the legal process from permanent comments to final comments and emergent marriage system was set up in Macao.Besides,there are some other unique legal regulations which will provide reference significance for the perfection of Marriage Law of Chinese Mainland.