ISSN 1008-2204
CN 11-3979/C

马克思恩格斯婚姻家庭思想的时代价值旨归以《民法典·婚姻家庭编》为中心的考察

Contemporary Value of Marx and Engels’ Thoughts on Marriage and Family:A Study Centered on the Chapter of Marriage and Family in the Civil Code

  • 摘要: 马克思恩格斯婚姻家庭思想为中国婚姻家庭历次立法和理论研究指明了根本方向,其基于唯物史观阐明了婚姻家庭的发展动力与历史作用、道德基础与伦理本质以及核心功能与目标设想。但是,随着全球化与现代化进程的推进,婚姻家庭的观念、结构和模式等发生了巨变。因此,作为时代精神的精华,探讨马克思恩格斯婚姻家庭思想的时代价值旨归,对《民法典》时代中国婚姻家庭法制的推进具有重要意义。“婚姻家庭受国家保护”“婚姻自由”“一夫一妻”“男女平等”“保护妇女、未成年人、老人、残疾人合法权益”构成了马克思恩格斯婚姻家庭思想在《民法典》时代的制度价值主线。此外,在马克思恩格斯婚姻家庭思想的指导下,通过立法回应现实中婚姻家庭领域的突出问题也尤为必要。

     

    Abstract: Marx and Engels’ thoughts on marriage and family have pointed out the fundamental direction for the successive legislation and theoretical research on marriage and family in China. Based on historical materialism, they have clarified the development impetus and historical role, moral basis and ethical essence, as well as the core functions and goals of marriage and family. However, with the advancement of globalization and modernization, the concepts, structure and mode of marriage and family have changed greatly. Therefore, it is of great significance to explore the contemporary value of Marx and Engels’ thoughts on marriage and family, which serves as the essence of the spirit of the time, to promote the China’s legal system of marriage and family in the era of the Civil Code. The provisions like “Marriage and family are protected by the state”, “A marriage system based on freedom of marriage, monogamy and equality between men and women is implemented” and “The lawful rights and interests of women, minors, the elderly and the persons with disabilities are protected” constitute the main line of institutional value of Marx and Engels’ thoughts on marriage and family in the era of the Civil Code. In addition, under the guidance of Marx and Engels’ thoughts on marriage and family, it is particularly necessary to respond to the most important problems in the field of marriage and family through legislation.

     

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