关于婚姻自由权的探讨.docVIP

摘 要 《中华人民共和国婚姻法》是调整我国婚姻关系的法律规范，是我国的婚姻制度在法律上的集中体现，其基本精神是废除封建主义的婚姻家庭制度,建立社会主义的婚姻家庭制度,确立结婚意思自治的原则,即婚姻自由的原则。婚姻自由原则是婚姻法的基本原则是婚姻家庭法的立法指导思想，又是婚姻家庭法规的基本精神，也是婚姻家庭法操作适用的基本准则，贯穿婚姻家庭法的始终，集中体现了以婚姻家庭法为主体内容的婚姻家庭制度的本质和特。The marriage law of the Peoples Republic of China is an integration of all the legal norms that regulate our nation’s marriage. It is a law that demonstrates our marriage system and holds the basic spirit to abolish the feudal marriage and family system and establish a socialist one. It established the autonomy principles in marriage, namely the freedom of marriage, which is the basic principle of the marriage law. It is the guidance as well as the basic spirit of our marriage law. The freedom of marriage is one of the basic principles that guarantee the operation of marriage law and runs throughout it. What’s more, it reflects the essence and characteristics of marriage and family system represented by the marriage law. In our nation’s socialist system, marriage and family relations have already shaken off the domination of private property and the marriage law is no longer attached to civil law, but becomes an independent department of the socialist legal system. The first Chinese marriage law was born in April,1950. Its first item in chapter one said:“ we will implement a new democratic marriage system, which encourages the freedom of marriage and the monogamy; men and women will enjoy equal rights in marriage and women and children will be protected.” Since then, the marriage law was modified for several times and the freedom of marriage was always advocated. It is proved that the freedom of marriage will help to establish and maintain an equal, harmonious and civilized marriage and family relation. It will also help to maintain the stability of the whole society, promote the socialist civilization construction and enhance the social progress. However, along with the development of the economy and the society, people’s idea has also changed a lot. Some new condi