民法典视域下亲属身份权之重塑

Reconstruction of the Right of Relative Identity under the Civil Code

婚姻家庭法是调整婚姻家庭关系的基本准则,亲属身份性是婚姻家庭法调整的亲属关系的共同特征,身份性是婚姻家庭法的灵魂。我国现行亲属身份权民事立法的伦理性有待强化,设计体系有待完善,立法内容有待健全,因此,在民法典视域下,需要在统一法律体系的前提下,重新厘定亲属身份权,以配偶权、亲权、亲属权三类亲属身份权为主线,重塑亲属身份权制度。

Marriage and family law adjusts the relationship between husband and wife, parents and children, and between the close relatives. There is the identity of social relations between the basic legal norms. Identity is the soul of marriage and family law. How to maintain and improve the identity of the civil code after the marriage and family law returns to the civil code, depends on identity of the right system to express their identity. Empirical analysis on the expression level of China＇ s current civil law of relative status reveals that the design system, the legislative content etc. need to be improved. The problem of the legislation of the right of the relative status can be corrected from the reconstruction of the right of relative under the civil code.