家庭文明建设的民法路径——基于《民法典》第1043条的思考

Study on Civil Law Path of Family Civilization Construction——Thinking Based on Article 1043 of the Civil Code

基于我国正处于婚姻家庭转型的延长线上,需要加快促进乡土家庭转型为现代家庭。为此,我国《民法典》第1043条新加入了家庭文明建设的条文。家庭文明建设是践行社会主义核心价值观的基础载体。这一条文显示了婚姻家庭领域“德法共治”的需要,即自治与法治互补的格局。从性质和功能上说,这一条文具有倡导性规范、文明家庭标准、婚姻家庭关系评判标准和价值定向规则等多重定位。作为法律规范,家庭文明建设条款有明确的法律效力,主要体现在立法、执法、司法、社会治理四个方面。

Based on the fact that my country is on the extension line of marriage and family transformation, it is necessary to accelerate the transformation of rural families into modern families. For this reason, Article 1043 of my country’s Civil Code has newly added provisions on the construction of family civilization. The construction of family civilization is the basic carrier for practicing the core values of socialism. This article shows the need for"government by virtue and law"in the field of marriage and family, that is, the complementary pattern of autonomy and rule of law. In terms of nature and function, this article has multiple positioning such as advocacy norms, civilized family standards, marriage and family relationship judgment standards, and value orientation rules. As a legal norm, the family civilization construction clause has a clear legal effect, which is mainly reflected in the four aspects of legislation, law enforcement, justice, and social governance.