论我国部分结婚禁止条件的“解禁”

为规制结婚行为,我国婚姻法设置了禁止直系血亲和三代以内旁系血亲通婚、禁止患有医学上认为不应当结婚的疾病的结婚等禁止性条件。这些规定有的符合婚姻法的契约精神,有的则违背了这种精神,甚至存在着不符合婚姻功能变迁、混淆结婚权和生育权、脱离人们的"道德共识"等问题,因此需要"解禁"。

Ideas on Lifting a Ban for Some Part of the Interdictory Qualifications of Marriage in Our Country

In order to regularize the marriage behavior,the marriage jurisprudence in China formulated some interdictory qualifications.For example:people who was lineal relative by blood and collateral relatives by blood up to the third degree of kinship and has unmarriageable diseases should not get married.In these regulations,some are in accordance with contractual spirits of the marriage jurisprudence,while some are not.Even some problems have been shown to reside in,such as not conforming to functional variance of marriage,mixing up the right to get married and right of bearing children and breaking away from the moral consensus of people.So lifting a ban should be placed on the order of the day.