习俗与法律在婚姻缔结中的纠葛与融合

The Entanglement and Fusion of Customs and Law in the Conclusion of Marriage

就当代中国的婚姻缔结来说,法律趋向于把它定义为个体化的私人事件,意在确保当事人享有婚姻自主权,习俗则把它定义为关联于家人和家务的家庭事件,意在应对家庭关系和家庭事务的处理。两种定义的纠葛与融合凸显着中国式结婚具有三方面特征。其一,在中西的层面上,通过外来法律本土化,鉴取西方的观念和制度,用以型塑中国法律关于婚姻缔结的定义,凸显着中国式结婚的制度来源特征。其二,在古今的层面上,历经社会转型的损益,存在着源远流长的持久性观念,用以描述习俗关于婚姻缔结的定义,凸显着中国式结婚在本土的跨时代的规律性特征。其三,在古今中西的双重维度中,关于婚姻缔结的两种定义有所融合,凸显着中国式结婚在当代的特定时代特征。

In contemporary Chinese society, marriage is defined as an individualized private event which is intended to ensure that the parties have marital autonomy in the Marriage Law;while in social customs, marriage is defined as a family event associated with family and household chores, which is intended to deal with family relations and family affairs. The entanglement and fusion of the two definitions highlight the three characteristics of Chinese-style marriage. Firstly, at the Chinese and western level, through the localization of foreign laws, western concepts and systems are used to shape the definition of marriage in Chinese law, highlighting the institutional characteristics of Chinese-style marriage. Secondly, at the ancient and modern level, experiencing the profit and loss of social transformation, there is a long-standing concept which is used to describe the definition of marriage in social customs, highlighting the regular characteristics of Chinese-style marriage across the ages. Thirdly, in the dual dimension of ancient and modern, Chinese and western, the two definitions of marriage conclusions have merged, highlighting the characteristics of Chinese-style marriage in the contemporary times.