从亲情伦理立法到亲属权利立法

中国传统的＂亲亲相隐＂亲情伦理立法与西方现代法律中的亲属权利立法有相通之处,但也有本质差异。遗憾的是,我国现行法律在否定＂亲亲相隐＂的亲情伦理立法以后,却没有确立现代法律中共通的亲属权利立法原则,在传统与现代之间形成双重断裂,导致诸多尴尬和悲剧。＂亲亲相隐＂制度对确立我国的现代亲属权利制度具有启发,但其转化重构是有所取舍的。我们需要从以家庭为本的亲情伦理立法到确认以人为本的家属权利立法,实现传统法的转化创新。

From Relative Ethics Legislation to Relative Right Legislation

There are similarities and differences between traditional china＇ s relative ethics legislation of ＂obviation of family circle＂ and modern Western countries＇ relative right legislation. It＇ s a pity that the current laws of China had denied relative ethics legislation of ＂obviation of family circle＂ without founding principles of relative right legislation, which leads to double gaps between the traditional and modern society, thus triggered many embarrassments and tragedies. So the system of ＂obviation of family circle＂could be the illumination to the establishment of Chinese modern sysem of relative right, while we must do some selections in the process of its transformation and reconstruction. Actually, what we need is that relative ethics legislation based on family be transferred into relative right legislation based on humanity, and furthermore, the traditional laws be transferred and refreshed.