身份法之立法原则

身份法是规范身份关系的法律规范的总和,主要是指婚姻法、收养法或亲属法,而不应包括继承法。自愿、平等和人格独立、保护弱者和儿童最大利益优先,是身份法立法的主要原则。自由原则包括选择共同生活方式或者家庭模式的自由、身份行为的自由。身份法以平等和人格独立为基础,应以维护当事人的平等地位和人格独立为目标。身份法制度设计上应有利于对老年人的扶养,有利于保护妇女权益,在涉及儿童利益的事项上应充分尊重儿童的意愿,在各种不同利益冲突时应优先保护儿童最大利益。

Legislative Principles on the Law of Status

As a sum of norms regulating the status relations, the law of status mainly refers to maniage law, adoption law or family law, but not including succession law. Major principles of the law of status include voluntariness, equality, and personality independence, as well as protection of the weak and maximum interest of children. The principle of freedom consists of being free to choose mode of living together or family pattern, and freedom of status actions. The law of status is based on equality and personality independence, for the purpose of maintaining equality among parties concerned and their personality independence. The system de- sign of the law of status should also be in favor of the aliment of old people and protection of women and chil- dren. In particular, children＇ s free will should be fully respected in case the interest of children is involved, and the maximum interest of children should enjoy priority in different conflicts of interests.