从婚姻契约论角度谈“网婚”问题

"网婚"问题是在网络时代出现的一个超出法律调整范围的社会问题,其特有属性不仅使传统婚姻遇到了极大挑战,而且对现行婚姻立法形成了有力冲击.本质上,婚姻是一种民事契约,然"网婚"可否亦被视为一种民事契约--电子契约?文章从婚姻契约论角度考察了这一法律类推适用的可行性,目的在于为"网婚"问题的司法解决提供法理参考.

On the "Net Marriage" problem from the angle of marriage contract theory

The "Net Marriage" problem is a blank-new law problem that occurs in network age ,and its special characteristics do not only challenge the idea of traditional marriage greatly, but also have a strong impact on the current marriage law. Essentially, this type of marriage is a kind of civil contract, on the basis of this,"Net Marriage" in its quality is also a kind of civil contract- electronic contract. From this viewpoint, the jurisprudical grounds can be provided for the judicial solution to the "Net Marriage" problem.