婚姻法应增设残疾人权益保护制度

婚姻法具有的弱者保护功能,是保护残疾人婚姻家庭权益的法理依据之所在。保护残疾人权益体现了婚姻家庭的功能,符合婚姻法的特点和立法目的,体现了公平和正义。我国对残疾人婚姻家庭权益的保护制度,属于立法空白。为切实保护残疾人婚姻家庭权益,促进家庭和谐和稳定,未来婚姻法应当从总则和分则两个方面增设残疾人权益保护制度。

Protection for the Disabled Should be Included in Marriage Law

As the legal baseline to protect the rights and benefits of the disabled in family life,implementation of the ‘Marriage Law’ is to protect the weak.Protecting the disabled reflects the function of marriage and family,and is in line with the aims of the law,justice and fairness.However,protection for the disabled in terms of the ‘Marriage Law’ is still sadly lacking.In order to actually protect disabled rights and benefits in family life and to enhance family harmony and stability,future ‘Marriage law’ should encompass systems to protect the weak and disabled.