婚姻自主权检讨

婚姻自主权并非自古有之,它是随着社会文明的发展、人性的解放和人格的独立逐步在世界范围内确立的。我国由于封建社会的历史比较长,婚姻自主权产生较之西方国家为晚。从对我国婚姻自主权发展史的考察中,可以看出婚姻自主权的主要内容是结婚自主权,进而本文证明了婚姻自主权的性质是特别人格权。这为完善婚姻自主权制度的民法保护奠定了基础。

Quest for the Individual Right of Marriage Law of China

The individual right of marriage was not being in the ancient,which was coming into being with the development of the social civilization,the enlightenment of human nature and the certainty of human dignity.Due to the impact of feudalism of long duration,in China the individual right came into being later than in the West Looking through the developing history of the individual right of marriage,people will make sure the individual right of marriage is mainly self-determination of marriage,and its nature is specially the human dignity,which is the foundation of civil war consummating the system of the individual right of marriage.