论中国亲属法的现代化转型

Modernization of Chinese Family Law

我国已进入后法律体系时代,法律制度面临着现代化转型的重要使命,亲属法亦不例外。尽管亲属法在规制和调整婚姻家庭领域人身和财产关系方面发挥了重要作用,但认真审视,不难发现,我国亲属法仍然存在着体系粗疏、理念模糊、内容混乱、轻重失衡、制度缺失、条文虚置等问题,因而,如何实现我国亲属法的现代化转型,体系化和生态化的选择无疑是一条科学的进路。

As our country has entered the era of legal system, our legal system is faced with an important mission of modernization, which is the same as the family law. Although family law has played an important role in the regulation and adjustment of the relationship between persons and property in the field of marriage and family, there are still many problems in our family law system, including the rough regulations, unclear concept, confusing items, imbalance in emphasis, lack of regulations and nominal provisions. There is no doubt that it is a good choice for us to combine systematization and ecologicalization as a scientific way to realize the modernization of our family law.