假结婚、假离婚与错结婚的认定和处理

婚姻法只规定了四种法定无效情形和一种可撤销婚姻。对于假结婚、假离婚与错结婚争睛形如何认定和处理，没有法律规定，实践中往往适用民法总则无效民事效力行为的规定，将其认定为无效婚姻。这是错误的，婚姻有效与无效有其独立的评判规则，不能适用适用民法总则。因而，假结婚、假离婚与错结婚一般不能认定其行为无效。     

册亨县者述村布依族婚姻习惯法研究

册亨县是贵州全省最集中的布依族聚居县,也是最偏远的县份之一。由于特殊的地理环境和历史背景,一些布依族村寨较好地保留了原始习惯法文化。保留得最好,能够形成完整系统的最典型习惯法制度就是当地的婚姻制度。历史上传承下来的形式婚制度与国家法多元并存,仍然发挥着重要的作用。     

试析中国古代的特色婚姻制度

婚姻从原始状态起便是世界上最生动的生活内容之一,婚姻制度则是阶级社会中统治阶级对婚姻合法化的确认,在我国悠长的人类文明史中不乏各种具有鲜明民族特色的婚姻制度.有的随着历史的发展已消亡,有的直到今天仍影响着我们.     

评完善我国的无效婚姻制度——兼议修改后的《婚姻法》

无效婚姻是现实生活中较为普遍的一种社会现象 ,同时也是一种违法的民事关系。本文通过对无效婚姻原因的分析和各国无效婚姻制度的比较 ,结合修改后的《婚姻法》关于无效婚姻的规定 ,提出了进一步完善该制度的构想。     

试论事实婚姻的认定及处理

本文认为事实婚姻在一定时期内是禁而难绝的社会现象,在力求杜绝事实婚姻发生的原则下,有条件地承认事实婚姻关系是符合实际的。     

Sex, Property Rights, and Divorce

This paper examines how differences in sex drives between husbands and wives affect bargaining strengths during marriage and particularly at times when divorce might occur. The basic argument follows from the fact that sex drives vary over an individual's life cycle, and are systematically different for men and women. The spouse having the lowest sex drive at any time in the marriage has a property right over whether or not sexual intercourse will occur, with a consequent increase in bargaining power at the margin. The paper derives a number of testable implications from its model, and, using several data sources, shows empirically how this difference affects marriage, adultery and divorce.     

中国同性恋者的婚姻困境——一个法社会学的视角

当下中国的同性恋者面临的更核心的问题还不是同性婚姻问题,而是异性婚姻问题。伴侣婚姻所强调的男女平等、爱情基础对传统婚姻造成了冲击,这一方面淡化了婚姻的生殖养育功能,催生了同性婚姻的诉求;另一方面也使得同性恋者进入异性婚姻的成本加大。事实上像婚姻这样的社会制度完全建立在爱情的基础上是很危险的,即使从可能性上讲也是不现实的。     

Introduction: disability,partnership, and family across time and space

ABSTRACT

Notions of family life and romantic partnership, like notions of disability, have been culturally constructed and socially produced over historical time, and our understandings of these notions are being continually challenged and re-negotiated across time and space. Policies, institutions, and cultural practices across the globe have brought about changes to the construction of the family and to the rights and inclusion of disabled people in private and public life. This special issue brings together a collection of studies from different countries and time periods to explore the interplay between disability, romantic partnerships, and family life across the individual lifetime and between generations. With this interdisciplinary collection, we seek to merge disability research and research on family and partnerships through a life course lens. This offers unique insights and opportunities to interconnect historical and cultural location and changing social institutions with individual and family experiences. This introduction presents the eight studies in the collection and discusses them within a life course frame that views disabled people’s roles as partners, spouses, and members of a family. In so doing, it engages in an analysis of (dis)similarities concerning how family dynamics, romantic relationships, and disability have developed over time and in different spaces.     

Muslim marriage (non) recognition: implications and possible solutions

Differences between traditional Muslim marriage practice and the statutory formalities required for entry into a legally recognised marriage in England and Wales have resulted in serious question-marks hanging over the legal status of a seemingly significant proportion of Muslim marriages. This article places the spotlight on the vulnerability of spouses who remain unaware of the lack of legal status which may attach to their marriage or who may have been misled by their spouse as to the latter’s intention to obtain legal recognition for the marriage. The article first considers the statutory formalities required under English law for entry into a legally recognised marriage before drawing on the most up-to-date empirical research to highlight the apparently widespread non-compliance with the formalities within the Muslim community. The article then reflects on the various practical implications which may arise for parties to an unrecognised Muslim marriage before considering how the situation may be ameliorated.     

Marriage,Cohabitation, and Crime: Differentiating Associations by Partnership Stage

A wealth of scholarship generally finds that marriage protects against crime, but there is less consistent evidence for cohabitation. In this article, we contribute to scholarship on marriage and put forward new evidence about cohabitation by examining marital and cohabiting partnerships as transitions with distinct stages of entry, stability, and dissolution. We use within-person change models with contemporary data from the National Longitudinal Survey of Youth 1997 to analyze these stages for the full sample and separately for men and women. The findings show differential protective associations of marriage and cohabitation depending on the stage of the partnership. Both recently formed cohabiting partnerships and stable cohabiting partnerships are associated with reductions in the level of offending, although to a lesser degree than marital relationships. Cohabiting partnerships that are stable, in that they have lasted at least a year, are associated with larger decreases in offending, particularly among women.     

THE RIGHT TO MARRY AND THE SAN FRANCISCO EXPERIENCE

This article chronicles the issuance of marriage licenses to lesbian and gay couples in San Francisco in the winter of 2004. The article explores the political and legal landscape in the fight for the right to marry nationally and examines the current legal status of lesbian and gay couples in the country.     

关系契约视野下的婚姻观——对传统婚姻契约观的反思和突破

关系契约理论突破了传统契约理论的不足，为我们提供了一个全新的视角去看待婚姻的契约属性，为婚姻关系的基本定位和各项规则的设计提供了理论依据。在关系契约视野下，婚姻立法应该鼓励长期承诺、鼓励奉献和互惠、保护信赖利益、避免机会主义、正视社会规范和关系互动中形成的潜在不平等，适应婚姻关系不断变化的特征，建立调整婚姻的弹性机制。婚姻制度的设计应该协调婚姻中的国家干预和个人自治、兼顾当事人的对立和统一，衡平婚姻中的自由和限制，均衡当事人的利益和损失。     

What's Love Got To Do With It?: Perceptions of Marital Positivity in H-to-W Aggressive, Distressed, and Happy Marriages

Husbands' and wives' perceptions of positive relationship behaviors and interactions (e.g., caring gestures, reasons for staying married, frequency of positive communication) were assessed in a sample of maritally happy (H), maritally distressed but non-aggressive (D/NA), and maritally distressed and husband-to-wife physically aggressive (D/H-to-W) couples. As expected, the relationship positivity reports of the two groups of maritally distressed couples differed from the happily married couples. In addition, D/H-to-W spouses gave different reasons for staying married than did D/NA spouses (i.e., love versus family roles and commitments). Spouses in D/H-to-W aggressive marriages were also less likely to report using intimate language with their partner than were spouses in either of the other two groups. Few gender differences were found. Results underscore the importance of considering the role of love and intimacy in husband-to-wife aggressive and distressed marriages.     

MARRIAGE,IN‐LAWS,AND CRIME: THE CASE OF DELINQUENT BROTHERS‐IN‐LAW*

With marriage comes in‐laws, and if the in‐laws include delinquent males, their delinquency could affect the prosocial effects of the given marriage. In this article, I focus on the effect of having a convicted brother‐in‐law as a general indicator of this broader phenomenon of family‐formation processes impairing the positive impact of marriage on crime desistance. I use registry data on all men from birth cohorts 1965–1975 in Denmark (N = 69,066) to show that when a man marries, his new family ties to delinquent brother(s)‐in‐law do indeed hinder his criminal desistance. The results that take into account the characteristics of husbands, wives, their shared family‐formation process, and the criminality of male family members suggest that 1) family dynamics tend to keep criminality within family networks and 2) influences from one's broader social network through marriage are important for the protective effects of marriage. Analyses of previous conviction, co‐offending between a man and his brother‐in‐law, as well as analyses of in‐laws who reside in close proximity confirm the two mentioned main findings. In all, the findings reported in this article add to our understanding of the processes by which families are tied, and how these family‐formation processes influence men's behavior.     

THE CONTEXT OF MARRIAGE AND CRIME: GENDER,THE PROPENSITY TO MARRY,AND OFFENDING IN EARLY ADULTHOOD*

Marriage is central to theoretical debates over stability and change in criminal offending over the life course. Yet, unlike other social ties such as employment, marriage is distinct in that it cannot be randomly assigned in survey research to more definitively assess causal effects of marriage on offending. As a result, key questions remain as to whether different individual propensities toward marriage shape its salience as a deterrent institution. Building on these issues, the current research has three objectives. First, we use a propensity score matching approach to estimate causal effects of marriage on crime in early adulthood. Second, we assess sex differences in the effects of marriage on offending. Although both marriage and offending are highly gendered phenomena, prior work typically focuses on males. Third, we examine whether one's propensity to marry conditions the deterrent capacity of marriage. Results show that marriage suppresses offending for males, even when accounting for their likelihood to marry. Furthermore, males who are least likely to marry seem to benefit most from this institution. The influence of marriage on crime is less robust for females, where marriage reduces crime only for those with moderate propensities to marry. We discuss these findings in the context of recent debates concerning gender, criminal offending, and the life course.     

制定中国民法典婚姻家庭编的思考与建议

中国民法典的编纂工作已经全面启动 ,婚姻家庭制度将作为其中的一编。婚姻家庭编的立法体例和内容如何确定 ,直接关系到民法典体系的科学性和制作的完整性。就制定《中华人民共和国民法典》婚姻家庭编的立法体例和制度设计提出相应的建议 ,以填补婚姻立法的空白 ,进一步完善婚姻法的各项规定 ,更好地保护公民的合法权益     

论无效与可撤销婚姻制度的立法完善

我国无效婚姻与可撤销婚姻制度的相关立法还存在可撤销婚姻的法定情形过于单一、对无效婚姻与可撤销婚姻的法律后果没有进行区分等不足,需要通过扩大可撤销婚姻的范围、规定无效婚姻宣告制度、细化行使请求权的主体和期限、区分无效婚姻与可撤销婚姻的法律后果、强化对善意相对人的保护等来进一步加以完善,以适应新时期调整婚姻家庭关系的需要。     

从经济学视角看中国的婚姻法改革

从经济学的一些基本概念出发,本文讨论了中国婚姻法改革的一系列问题,并通过三种婚姻形式的提出和分析,对离婚后当事人扶养安排、财产分割和子女监护权问题作了充分的讨论。从有效信号功能和有效分离功能的角度看,现代西方和中国婚姻法的改革都犯了有效分离功能不足的错误。经济帮助的方法由于缺乏合理的公共政策原理而应该在婚姻法中被删掉,婚姻合同中可能出现的机会主义行为问题则可以通过婚姻法或一般合同法进行处理。如此的改革将使中国的婚姻法内涵更加合理,也更加适合婚姻市场的现实。     

我国婚姻无效与撤销损害赔偿制度探析

当事人一方的违法行为导致婚姻无效或撤销,过错方侵权责任的配置,直接关系到无过错方权利的保护和 救济。文章借鉴国外立法经验,结合我国实际,提出我国婚姻立法应确立婚姻无效与撤销损害赔偿制度,并就该制 度的适用进行了探讨。     

Work Roles,Domestic Roles,and Marital Quality: Perceptions of Fairness Among Dual-Earner Couples

Previous studies on the role of spouses' perceptions of fairness within marriage have typically dealt with the effects of those within the realm of the division of household labor. Using data from the 1993 National Survey of Families and Households, this study posits that the predominance of dual-earner couples necessitates the consideration of perceptions of fairness in both spouses' paid labor and domestic roles. Issues of fairness are shown to significantly affect husbands' and wives' evaluations of marital quality, yet these effects are limited to a noncomparative form (e.g., wives' evaluations of marital quality are not substantially affected by husbands' perceptions of unfairness). Implications of these findings for contemporary couples are discussed.