家庭法中的家庭角色变迁

家庭法是中国法学版图的重要组成部分，但已有研究未能正确认识个体、家庭与国家的结构性关系，故未能就其变迁提供具有充分解释力的结论。新中国成立以来，国家整合便是一以贯之的任务。在新中国成立初期，国家试图依靠家庭法的政治化运作，从家庭入手改造个体，实现同质国家。改革开放打破了这一局面，市场经济促使法律中的家庭成为自我发展、自我服务的角色。与此同时，经济理性对家庭伦理的削弱，也暴露出现代化进程中价值共识虚无的困境。后来法治国家的建设促成了依宪整合的转型，社会主义核心价值观成为新时代的宪法价值共识。在宪法精神的引领下，《民法典·婚姻家庭编》构建了作为公民美德教化者的家庭角色，多维度促进了价值凝聚力，回应了新时代国家整合的价值需求。

Transformation of Family Role in Family Law: From the Perspective of State Integration

Family law is a crucial part of China’s legal system. Unfortunately, previous studies have failed to properly cope with the structural relationship between the individual, the family and the state. To understand the significance and trend of contemporary family law, as exemplified by the Civil Code: Marriage and Family, it is necessary to interpret family law within the historical context of state integration. This dynamic perspective, which is open to the reality, is the innovation point of this study. Under the perspective of state integration, this study purports to construe the transformation of family law from three innovative aspects: “the family as a mechanism of integration”, “the paradigm transformation of state integration in China” and “new family law under constitutional integration”.First, “the family as a mechanism of integration” focuses on the integration function of the family in dissolving the tension between the individual and the political community. From the early days of New China, the initial stages for reform and opening-up to the new era, the family has adapted to the ever-changing task of state integration through its different institutional roles.Then, “the paradigm transformation of state integration in China” is a political and social reality in interpreting the transformation of family law, which determines how the integration function of family and family law is performed. In the early days of New China, the realization of state integration was achieved primarily on political authority. The primary task of family law was to assist the integration of political authority into family life. It is apparent that the family turned into the basic unit for the transformation of individuals and the realization of a homogeneous state. At the initial stages of the reform and opening-up, the integration of the state was mainly driven by the socialist market economy system. The role of the family in family law was transformed into an “autonomous organization” characterized by self-service and self-development, which served to assist individuals in acclimatizing the great influence brought about by the separation of political power as soon as possible. In the meantime, the weakening of family ethics by economic rationality has revealed the dilemma of the nihility of value consensus. The integration of the State in the new era is based on the integration of the Constitution. Under the value guidance of the Constitution on family law, the role of the family as an enlightener of civic virtues is portrayed in the Civil Code: Marriage and Family.Finally, constitutional integration requires the Constitution to form an inherent fit with society, history and culture, to weigh and warrant that the Constitution is continuously renewed in its effectiveness and sustains the integration of the state with the value of the times. The inclusion of the Core Socialist Values in the constitution in 2018 signifies the establishment of the core values of the community in the new era and the generation of the long absent value target in China. In this context, family law should reflect the state’s leading role in individual morality and “materialize” the constitutional value consensus required by the times through the system, to enhance the value cohesion in the transition period. Article 1043 of the Civil Code: Marriage and Family specifies the construction of the family civilization. By confirming the moral obligations of spouses and family members, the Civil Code: Marriage and Family corresponds to the constitutional values. What’s more, the increase in the time cost of divorce and the clarification of the nature of the matrimonial debt in the Civil Code: Marriage and Family are all manifestations of the penetration of the Core Socialist Values into family life.In the future, we should further strengthen the procedural guarantees of democratic participation in the consensus on constitutional values. Then the coexistence of state integration and social development can be better achieved in a dialectical and holistic relationship among the individual, the family and the State.