修正婚姻法的理性定位与立法完善

婚姻法修正草案对现行婚姻法作了较大的补充和发展 ,具体表现为对基本原则的增补、对结婚制度的完善、对家庭关系的充实、对离婚制度的调整及对法律责任的拓展。在对其立法价值予以充分肯定的同时 ,也应看到其不足与缺陷 ,并应从四方面予以完善 ,即摒弃宜粗不宜细的立法原则 ;改变亲权与监护相交叉的格局 ;弥补夫妻财产制的缺陷 ;健全离婚损害赔偿制度 ,以实现婚姻家庭立法的严谨与科学。

A rational explanation of the legislative changes of the amendment of the marriage law

Many supplements and improvements to the "Marriage Law of the People's Republic of China " have been made in the amended draft of the Marriage Law, which include a supplement to the basic principles, perfection to marriage system, enrichment to family relation, readjustment to the divorce system and expansion of legal liabilities. It is obvious that the marriage law has been improved, but there is still some imperfection. It is highly suggested to discard the legislative principle that legislation should be sketchy rather than detailed, to change the structure in which parental power and guardianship intersects, to remedy the defect of the marital property system and to perfect the compensation system for divorce damage.