浅谈新婚姻法的缺陷

On Defects of New Marriage Law

新婚姻法是在 1980年婚姻法的基础上修订的 ,其内容更加充实。在结婚、离婚、夫妻财产和法律责任制度等方面均有所完善 ,进一步保障了婚姻自由和男女平等的基本原则 ,实现了法治与德治的有机结合。但是 ,对婚姻的概念和本质、婚约、同居权及婚内性暴力和“第三者”的法律责任等问题未作相应规定 。

The new marriage law has been revised based on the marriage law of 1980, as a result, it becomes more abundant and complete in content. There are improvements on the aspects of getting married, divorce, husband-wife properties and legal responsibilities, which further protects basic principles of freedom of marriage, equality of men and women etc., thus realizing the organic combination of rule by law and rule by morality. However, with the issues like concept essence of marriage, engagement, the rights of cohabit, sex violence within marriage, legal responsibility of marriage intruder, the new marriage law has no corresponding stipulations. Avoiding of above issues constitutes the defects of the new marriage law.