《民法典》视阈下降低法定婚龄的可行性研究

Research on the Feasibility to lower the Legal Age of Marriage under the Perspective of Civil Code

法定婚龄是通过法律确定民事主体得以缔结婚姻的时间节点。我国曾因计划生育政策的实施而鼓励晚婚晚育,设置高法定婚龄。当下我国的法定婚龄主要受社会因素和法律因素的影响,其中社会因素包括性成熟年龄、人口结构、社会经济状况和结婚风俗习惯等,法律因素则主要指民法典颁布而产生的影响。结合这些因素进行分析,过高的法定婚龄不适合我国当下的社会现实,既不符合《民法典》有关民事行为能力的规定,也不符合我国老龄化和低生育率的人口结构,还会在一定程度上构成性别歧视。而降低法定婚龄可以解决这些问题,并带来一系列积极的社会影响和法律效果。但基于民意和《民法典》刚刚生效,当下下调法定婚龄并非适时可行。

The legal age of marriage is the time point when the civil subject would be able to get married as provided by law. China used to encourage late marriage and late childbirth due to the implementation of the family planning policy and set a high legal marriage age. At present, the legal age of marriage in China is mainly affected by social factors and legal factors, among which the social factors include sexual maturity age, population structure, social and economic conditions and marriage customs, while the legal factors mainly refer to the impact of the promulgation of the Civil Code. Based on the analysis of these factors, the high legal marriage age is not suitable for the current social reality, and it does not conform with the provisions of the Civil Code on civil capacity of conduct, not in line with the population structure of aging and low fertility at present, and might constitute gender discrimination to a certain extent. Lowering the legal age of marriage can solve these problems and bring about a series of positive social and legal effects. However, due to the present public opinion, and considering that the Civil Code has just come into force, it is not timely and feasible to lower the legal age for marriage at present.