论婚姻在法学上的概念

作为婚姻法调整对象、婚姻法学研究对象的“婚姻”,必须有一个明确的法学概念。婚姻的法学概念应当与民法学中的民事行为概念相对应,并能在婚姻法学体系中始终如一。它应涵盖以下三层含义：以男女两性结合为基础;以共同生活为目的;具有夫妻身份的公示性。它应包括各种合法婚姻和违法婚姻,能将其与婚前性行为、纳妾、姘居、非婚同居等现象区分开来,而应避免和结婚、婚姻关系等法学概念混为一谈。

The Juridical Concept of Marriage

The juridical concept of "marriage" as the subject of marriage law amendment and marriage jurisprudence should be clearly defined. The juridical concept of marriage must correspond to the concept of "civil conduct" in civil jurisprudence and must be consistent within the system of marriage jurisprudence. It should have three layers of meaning: union of the two sexes being its basis, living together its purpose and openness of marital status its feature. It should be able to answer all types of marriage, legitimate and illegitimate, and able to distinguish these types of marraiges from such phenomena as premarital sex, concubine-taking, illicit cohabitation and unmarried cohabitation. Any confusion between the term and such juridical concepts as getting married and marital relations should be avoided.