对《婚姻法解释(三)》的理性思考

Rational Ponder of The Third Judicial Explanation of New Marriage Law

《婚姻法解释(三)》颁布以来,引起社会各界的广泛热议,在《解释(三)》中实现了与物权法的对接,确立了亲子鉴定中的推定规则及妻子的生育主导权,彰显了法律的进步。但其中也存在着物权债权关系未真正理顺,婚姻登记有瑕疵以及某些条款规定过于概括、原则性,不易操作等缺憾。

The third judicial explanation of new Marriage law has been brought into intensive discussion. It is the explanation that makes it possible to dock Marriage law with Property Law. Not only are evidentiary presumption rules used in paternity proceedings but also the dominate of wives＇fertility are established according to the explanation, which shows the legal progress. However, there are still such defects in the explanation as the relationship between property rights and claims is not really straightened out, some flaws lie in the marriage registration and certain provisions are too broad but limited to principles to carry out in practice.