系统论视角下家庭权的宪法保障

The constitutional protection of family rights: from the perspective of system theory

系统论对法学研究有重大指导意义。家庭权是一个系统,由多个要素相互作用而成,具有系统的整体性、开放性、动态性等属性。依据宪法,调整家庭权,协调家庭权各要素的关系,使其统一于宪法的基本权利保障之下,以实现家庭权系统的优化。

System theory has great significance to guiding the legal studies. As a system, family rights are composed by several elements and have the nature of integrity, openness and dynamity of system. It is necessary to adjust the family rights and reconcile all the elements of it according to the constitution to realize the optimization of the family rights system.