中国配偶权立法:一个苦涩的话题——从一例重婚案件的被害女说起

Making Law of the Marriage Rights in China: A Tasteless Topic of Speech——From talking about a woman party in the double-marriage case

重婚案件的被害女如何被保护,如何立法来规范调整公民固有的民事权利——配偶权,婚姻法却未能规定。婚姻法只将上述的内容加以原则性规定,因此对于配偶权问题就有所回避,明显滞后司法实践,法学界对配偶权有严重的理论分歧。婚姻是一个伦理范畴。它需要法律、道德各种力量来共同维系。婚姻家庭问题需要由法律来调整,但法律不可能解决婚姻家庭中的所有问题。配偶权是受双重规范调整的民事权利,谨慎对待离婚和婚姻自由。

It is not stipulated in the Marriage and Family law of PRC for the counter-party of double marriages case how to be protected and make law to regulate the married right which is stabilized civil mthe married right, the present law is avoided. It is appearance behind the practice of case. There is much difference about the married right in the theory. The marriage is the scope of ideology. Not all the questions of marriage and family are resolved by the law. It is regulated by the law and ideology together. In China practice, married right is not exercised easily and regulated by the double criterions. Devoice and the rights of marriage freedom are exercised carefully.