我国婚姻法制现代化浅探
发布时间：2018-08-02 09:41
【摘要】： 随着经济和社会的发展,法制现代化成为现代化研究的热点。婚姻法制现代化是法制现代化的重要组成部分,又因为婚姻法制现代化是法制现代化中涉及面最广、与传统伦理关系联系最为密切的部分,所以婚姻法制现代化是法制现代化的基础。婚姻法制现代化的进程直接影响法制现代化的进程。本文主要从以下几个方面进行探讨和研究: 引言:概括本文的写作背景和目的。 第一部分:首先,阐述现代化和法制现代化的涵义;其次,根据现代化与法制现代化的涵义,概括出婚姻法制现代化的涵义;再次,总结婚姻法制现代化的评判标准:从婚姻法律规范、婚姻法律意识、婚姻法律行为三方面分析我国婚姻法制现代化的评判标准。婚姻法制现代化在婚姻法律规范方面的标准为:婚姻法律规范要具有妥当性;婚姻法律规范要具有实效性;婚姻法律规范要具有确定性;婚姻法律规范要具有可诉性;婚姻法制结构完备;婚姻法与上位法的原则、标准和规范之间应当协调一致,不能出现矛盾。在婚姻法律意识方面的标准为:婚姻法在婚姻关系调节中的权威意识;婚姻平等意识和婚姻自由意识;婚姻权利和义务意识。在婚姻法律行为方面的标准为:公民自觉遵守婚姻法;司法部门严格司法;执法部门严格执法;婚姻法律监督、救助机制完善。 第二部分:通过对20世纪以来我国婚姻法制现代化的回顾进一步论证婚姻法制现代化的趋势和判断标准。通过对20世纪早期、20世纪中期、20世纪中晚期以及21世纪初期四个时期的分别考察体现婚姻法制现代化的涵义和标准。 第三方面:从现实出发,深入探讨我国婚姻法制现代化进程中,目前存在的问题及其影响因素。这些问题也主要存在于婚姻法律规范、婚姻法律意识、婚姻法律行为三个方面。我国婚姻法制虽然已经取得了很大成就,但是在以上三个方面仍然存在着需要解决的问题。这些问题背后存在着诸多原因:经济发展水平及各地区发展不平衡是影响婚姻法制现代化进程的根本因素;中西婚姻法律文化异质冲突是影响我国婚姻法制现代化进程的主要因素;传统因素的影响是婚姻法制现代化存在问题的主要原因;我国国情是我国婚姻法制现代化进程的直接影响因素;法律教育发展的缓慢是影响我国婚姻法制现代化的进程的间接因素。 第四部分,根据当今我国在婚姻法制现代化进程中存在的问题,提出我国婚姻法制现代化的实现途径:加快经济的发展是实现我国婚姻法制现代化的经济基础;法律移植是我国婚姻法制现代化的必要手段;吸收我国传统文化中的合理部分,树立现代婚姻法律意识是我国婚姻法制现代化的重要途径;依据我国国情,建立完备的法律体系是实现我国婚姻法制现代化的基础;加强法制教育是我国婚姻法制现代化的重要手段。 结束语:通过本文的探讨,得出结论:在建设法制现代化的进程中,必须打好婚姻法制现代化这个基础,解决婚姻法制现代化过程中的问题,加速婚姻法制现代化的进程,以促进经济和社会的现代化进程。
[Abstract]:With the development of economy and society, the modernization of the legal system has become a hot spot in the study of modernization. The modernization of marriage legal system is an important part of the modernization of the legal system, and because the modernization of marriage legal system is the most extensive part of the modernization of the legal system and the most closely related relationship with the traditional ethics, so the modernization of marriage legal system is the modernization of the legal system. The modernization of the legal system of marriage has a direct impact on the modernization of the legal system.
Introduction: summarize the writing background and purpose of this article.
First part: first, the meaning of modernization and legal modernization is expounded. Secondly, according to the meaning of modernization and legal modernization, the meaning of the modernization of marriage legal system is summed up. Thirdly, the evaluation standard of the modernization of marriage legal system is summed up: from three aspects of marriage law, marriage law consciousness and marriage legal behavior, the marriage legal system of our country is analyzed. The standard of the modernization of the marriage law is that the standard of marriage legal modernization in the legal norms of marriage is that the legal norms of marriage should be appropriate; the legal norms of marriage should be effective; the legal norms of marriage should have certainty; the legal norms of marriage should be appealed; the legal structure of marriage is complete; the principles, standards and rules of marriage law and upper law The standard of marriage law consciousness is: the authority consciousness of marriage law in the adjustment of marriage relations; the consciousness of marriage equality and the consciousness of marriage freedom; the marriage rights and the consciousness of obligation. The standard of the legal behavior of marriage is that the citizen consciously abide by the marriage law; the judicial department is strictly judicial; The law enforcement departments strictly enforce the law, supervise marriage laws and improve the rescue mechanism.
The second part: through the review of the modernization of marriage legal system in China since twentieth Century, the trend and criterion of marriage legal modernization are further demonstrated. The meaning and standards of the modernization of marriage legal system are reflected through the four periods of early twentieth Century, mid twentieth Century, middle and late twentieth Century and early twenty-first Century.
The third aspect: from the reality, the present problems and the influencing factors in the process of the modernization of marriage legal system in China are discussed in depth. These problems are also mainly existed in the legal norms of marriage, the consciousness of marriage law and the legal behavior of marriage in three aspects. Although the marriage legal system has made great achievements in our country, it is still in the three aspects. There are many problems that need to be solved. There are many reasons behind these problems: the level of economic development and the unbalanced development of various regions are the fundamental factors that affect the modernization of marriage legal system; the heterogeneous conflict between Chinese and western marriage legal culture is the main factor affecting the process of the modernization of marriage legal system in China; the influence of traditional factors is the marriage law. The main reason for the problems in the modernization of the system is that the national conditions of our country are the direct factors affecting the modernization of the marriage legal system in our country, and the slow development of the legal education is the indirect factor affecting the process of the modernization of the marriage legal system in China.
The fourth part, according to the existing problems in the process of modernization of marriage legal system in our country, put forward the way to realize the modernization of marriage legal system in our country: accelerating the economic development is the economic basis for realizing the modernization of the marriage legal system in our country; the legal transplantation is the necessary means for the modernization of the marriage legal system of our country; it absorbs the reasonable part of our traditional culture. Establishing a modern marriage legal consciousness is an important way to modernize the legal system of marriage in China. According to the national conditions of our country, establishing a complete legal system is the basis for the realization of the modernization of our marriage legal system, and the strengthening of legal education is an important means of the modernization of marriage legal system in our country.
Concluding remarks: through the discussion of this article, we draw a conclusion: in the process of building legal modernization, we must make a good foundation for the modernization of marriage legal system, solve the problems in the process of modernization of marriage legal system, accelerate the process of modernization of marriage legal system, and promote the process of economic and social modernization.
【学位授予单位】：河北师范大学
【学位级别】：硕士
【学位授予年份】：2009
【分类号】：D923.9
本文编号：2159026
[Abstract]:With the development of economy and society, the modernization of the legal system has become a hot spot in the study of modernization. The modernization of marriage legal system is an important part of the modernization of the legal system, and because the modernization of marriage legal system is the most extensive part of the modernization of the legal system and the most closely related relationship with the traditional ethics, so the modernization of marriage legal system is the modernization of the legal system. The modernization of the legal system of marriage has a direct impact on the modernization of the legal system.
Introduction: summarize the writing background and purpose of this article.
First part: first, the meaning of modernization and legal modernization is expounded. Secondly, according to the meaning of modernization and legal modernization, the meaning of the modernization of marriage legal system is summed up. Thirdly, the evaluation standard of the modernization of marriage legal system is summed up: from three aspects of marriage law, marriage law consciousness and marriage legal behavior, the marriage legal system of our country is analyzed. The standard of the modernization of the marriage law is that the standard of marriage legal modernization in the legal norms of marriage is that the legal norms of marriage should be appropriate; the legal norms of marriage should be effective; the legal norms of marriage should have certainty; the legal norms of marriage should be appealed; the legal structure of marriage is complete; the principles, standards and rules of marriage law and upper law The standard of marriage law consciousness is: the authority consciousness of marriage law in the adjustment of marriage relations; the consciousness of marriage equality and the consciousness of marriage freedom; the marriage rights and the consciousness of obligation. The standard of the legal behavior of marriage is that the citizen consciously abide by the marriage law; the judicial department is strictly judicial; The law enforcement departments strictly enforce the law, supervise marriage laws and improve the rescue mechanism.
The second part: through the review of the modernization of marriage legal system in China since twentieth Century, the trend and criterion of marriage legal modernization are further demonstrated. The meaning and standards of the modernization of marriage legal system are reflected through the four periods of early twentieth Century, mid twentieth Century, middle and late twentieth Century and early twenty-first Century.
The third aspect: from the reality, the present problems and the influencing factors in the process of the modernization of marriage legal system in China are discussed in depth. These problems are also mainly existed in the legal norms of marriage, the consciousness of marriage law and the legal behavior of marriage in three aspects. Although the marriage legal system has made great achievements in our country, it is still in the three aspects. There are many problems that need to be solved. There are many reasons behind these problems: the level of economic development and the unbalanced development of various regions are the fundamental factors that affect the modernization of marriage legal system; the heterogeneous conflict between Chinese and western marriage legal culture is the main factor affecting the process of the modernization of marriage legal system in China; the influence of traditional factors is the marriage law. The main reason for the problems in the modernization of the system is that the national conditions of our country are the direct factors affecting the modernization of the marriage legal system in our country, and the slow development of the legal education is the indirect factor affecting the process of the modernization of the marriage legal system in China.
The fourth part, according to the existing problems in the process of modernization of marriage legal system in our country, put forward the way to realize the modernization of marriage legal system in our country: accelerating the economic development is the economic basis for realizing the modernization of the marriage legal system in our country; the legal transplantation is the necessary means for the modernization of the marriage legal system of our country; it absorbs the reasonable part of our traditional culture. Establishing a modern marriage legal consciousness is an important way to modernize the legal system of marriage in China. According to the national conditions of our country, establishing a complete legal system is the basis for the realization of the modernization of our marriage legal system, and the strengthening of legal education is an important means of the modernization of marriage legal system in our country.
Concluding remarks: through the discussion of this article, we draw a conclusion: in the process of building legal modernization, we must make a good foundation for the modernization of marriage legal system, solve the problems in the process of modernization of marriage legal system, accelerate the process of modernization of marriage legal system, and promote the process of economic and social modernization.
【学位授予单位】：河北师范大学
【学位级别】：硕士
【学位授予年份】：2009
【分类号】：D923.9
【参考文献】
相关期刊论文 前7条
1 第二期中国妇女社会地位调查课题组;第二期中国妇女社会地位抽样调查主要数据报告[J];妇女研究论丛;2001年05期
2 霍宪丹,王红;建立统一的国家司法考试制度与法律教育的改革[J];法学;2001年10期
3 行龙;清末民初婚姻生活中的新潮[J];近代史研究;1991年03期
4 公丕祥;国际化与本土化:法制现代化的时代挑战[J];法学研究;1997年01期
5 郭明瑞,王福华;创新法学教育 推进依法治国——“现代法学教育论坛”综述[J];法学论坛;2001年05期
6 姚建宗;国家统一司法考试与我国司法官遴选:基本认识与框架设计思路[J];法制与社会发展;2002年02期
7 陈友华;现代化指标体系构建及其相关问题[J];社会科学研究;2005年02期
，本文编号：2159026
本文链接：https://www.wllwen.com/falvlunwen/hyflw/2159026.html
