“两头婚”的法理意蕴及法律因应

The Legal Implication and Legal Response of"Two-head Marriage"

"两头婚"提供婚姻家庭生活的行为方式,部分农村地区中人们选择"两头婚"。"两头婚"的产生具有经济基础、伦理基础和利益基础。选择"两头婚"是主体权利表达和运行的体现,是对婚姻自由的尊重,也是秩序自发性的表达。从"两头婚"的约定履行看,它的约定依靠道德伦理维持,强制履行则与法治精神相违背;从"两头婚"的价值取向看,它展现出传统婚姻家庭伦理与现代婚姻家庭伦理的张力;从"两头婚"的家庭秩序维系看,它面临着个人权利与家庭需求的冲突和平衡。面对"两头婚"呈现出的矛盾,为了保障婚姻家庭权利,需要在自由的限度内尊重"两头婚"主体的权利选择,以法律和婚姻家庭伦理回应"两头婚"主体的权利需要,并且以法治方式解决"两头婚"的婚姻家庭权利冲突,以满足"两头婚"主体婚姻家庭的利益需求,追求美好的婚姻家庭生活,维系稳定和谐的社会秩序。

"Two-head Marriage",namely"Husband and wife living in both families",provides a way of behavior for marriage and family life,and people in some rural areas agreed to choose"Two-head Marriage".The emergence of"Two-head Marriage"has its economic,ethicaland interest foundation.Choosing"Two-head Marriage"is the expression of the choice and operation of the subject’s rights,a respect for the freedom of marriage,and a manifestation of the spontaneity of order.From the perspective of the fulfillment of the agreement of the"Two-head Marriage",its agreement relies on the maintenance of morality and ethics,and compulsory fulfillment is contrary to the spirit of the rule of law;From the perspective of the value orientation of"Two-head Marriage",it shows the tension between traditional marriage and family ethics and modern marriage and family ethic;From the perspective of maintaining the family order of"Two-head Marriage",it is faced with the conflict and balance between individual rights and family needs.Facing the contradiction of"Two-head Marriage",in order to protect the rights of marriage and family,it is necessary to respect the right choice of the subject within the limit of freedom,respond to the rights needs of the subject by law and marriage and family ethics,and solve the conflict of marriage and family rights by law and thus to meet the interest needs of the main marriage and family the"Two-head Marriage",to pursue a beautiful marriage and family life,and to maintain a stable and harmonious social order.