我国亲子关系立法完善问题新探

2001年修正后的《婚姻法》关于父母子女关系方面的规定,仍有许多不尽完善之处。特别是对父母子女之间应当具有的基本权利和义务没有作出全面明确的规定,内容上仍显粗糙,不能适应我国新时期婚姻家庭关系发展变化和调整婚姻家庭关系的需要。建议在今后修改《婚姻法》或制定《民法典》时,应对子女的姓权、非婚生子女的认领、继父母子女关系的形成和解除等基本内容作出相应的规定,以进一步完善我国的婚姻家庭立法。

Discussion on Problem of Perfecting Legislation on Parentage of Our Country

There are still some defects in the regulation on relation between parents and children in the revised Marriage Law after 2001,especially lacking the overall and clear regulation on basic rights and obligations that parents and children should have and detailed contents,so it can't be adapted for change of development of legal relationship of marriage and family in the new period of our country,nor can it meet the need of adjusting legal relationship of marriage and family.It is suggested in the article that when revising Marriage Law and making Civil Code,we should make relative regulations on children's right of family name,on acknowledgement of illegitimate children and on formation and cancellation of relationship between stepparents and stepchildren,so that we can perfect the legislation on marriage and family.