离婚标准的法理审视

衡量一对夫妻婚姻稳固的法理标准主要基于两点 :一是夫妻感情需求和满足的相互一致性 ,一是夫妻之间权利义务的对等统一性。我国《婚姻法》把“感情确已破裂”作为诉讼离婚的唯一实质要件是不够的 ,还应当从婚姻法律关系的内容上考察夫妻权利义务的相互关系 ,从而认定婚姻关系是否确已破裂 ,这样才真正符合马克思关于离婚问题的本意。

Reflections on the Divorce Standard

The standard to weigh up the marriage stability is based on two points:one is the compatibility of demanding and satisfaction with the feelings between husband and wife;the other is the reciprocity unity of their rights and duties .according to the Marriage Law of R.R.C,whether the emotion has come to rupture which is as the only essence is not enough in the divorce lawsuit and it should be considered from the contents of legal relationship of marriage .