论我国“补办结婚登记”的要件与效力问题

婚姻家庭关系是一种特殊的社会关系,夫妻关系的建立是婚姻家庭关系形成的基础.国家积极并行之有效的婚姻创设与调整家庭关系的立法与司法,不仅能提高人们相关的法律意识,明确合法配偶间与其他家庭成员间所产生的民事法律关系和其社会责任,而且对稳定社会秩序和巩固与发展当代婚姻家庭制度均具有深远的意义.     

干得好不如嫁得好?--关于当代中国女大学生社会性别观的若干思考

面对当今中国数以千万计的女性仍然无法完成基础教育的现状,许多女大学生们是自豪地满怀对未来的美好憧憬跨入大学校门的。然而,近年来,在大学女生中间,“学得好不如嫁得好”的说法却不胫而走。本文通过整理、比较、解读以女大学生为主体进行调查的系列数据,希望透过经济发展的繁荣表象,去认知与时俱进的健康的社会性别观建构对于当代中国社会全面发展的迫切必要性。     

对现行《婚姻法》的几点思考

修改后的《婚姻法》已于 2 0 0 1年 4月 2 8日起施行。婚姻法的修改使我国的婚姻法制建设上了一个新的台阶 ,也是中国立法民主化进程中的重要标志。但修改后的《婚订法》中增设的无效婚姻和可撤销婚姻制度 ,以及对事实婚姻和夫妻财产制的有关规定 ,结合司法实践看仍有一些值得进一步探讨之处     

重婚罪认定中若干问题的思考

重婚罪中“具有法律效力的婚姻关系”、“有配偶”、“重婚”、“结婚”等概念的理解,应结合有关立法及其相关立法精神来进行。前婚是非法同居关系的,由于欠缺重婚罪的犯罪要件,不构成重婚罪。     

"反射性"立法中的非婚同居域外法规制

从自由原则被确立为家庭法的重要原则肇始,离婚、性解放、女权主义相继成为时代的标签,非婚同居也在广泛的意义上成为时代的特征之一.域外各国,对非婚同居进行法律规制的改革呼声很高,究其原因,可归为法律社会化,即社会之现实要求"反射"于立法,并成为立法革新之推动力.于自由、于公正、于平等、于人性,此种立法模式的介绍和引进对我国现代婚姻法体系的构建均有裨益.     

Migration and patrilineal descent: the role of women in Kyrgyzstan

Migration processes in Kyrgyzstan have given rise to fundamental social and demographic changes, meaning that many villages and town quarters are inhabited nowadays solely by women, children and the elderly, whereas younger and middle-aged men live as migrants elsewhere. This article explores the role of women in the maintenance of a strong patrilineal descent system, in the absence of their husbands or sons. This is achieved by grandmothers who play a significant role in transmitting oral genealogies and passing stories on to their children. Another role of women lies in changing the names of male relatives of their husbands; while appointing whom one should marry is also of great importance. The role of mothers-in-law in the formation of their sons' marriage ties in the latter's absence points to the powerful positions of these women. The final point is that young brides continue to live with their parents-in-law – even if their husband does not – and they must be respectful brides.     

Editorial introduction: international marriage,rights and the state in East and Southeast Asia

The dramatic increase in intra-Asia cross-nationality marriage is a distinct, yet relatively under-researched, aspect of globalization and regionalization. Most existing research focuses on individual experiences of international marriage, but articles in this issue are intended to examine the politics of legal recognition: namely, how states categorize, legitimate and de-legitimate various intimacies, and how gender, religion, nationality and class play their roles in this process. More specifically, the articles address the following four themes: (1) the links between the institutionalization of marriage and ideologies of family in the process of nation-building; (2) the coexistence and conflicts between different legal systems vis-à-vis marriage and the related social implications; (3) gender and its implications for access to citizenship; and (4) recent policy changes in nationality laws and the reconstruction of ‘national identities’ in the transnational context. Thus, collectively this volume deepens our understanding of citizenship issues in East and Southeast Asia by teasing out how, in the case of foreign spouses, membership of a nation is determined legally, politically, culturally and socially.     

Resistance and reform: discourses on marital law in Japan*

This article examines opinions concerning fūfubessei (a married couple retaining their birth surnames) posted on an online forum. Recently, the topic of fūfubessei has once again come under a spotlight, since the Japanese Supreme Court upheld the constitutionality of the Civil Code Article 750, which stipulates that a married couple must choose either the husband's or wife's surname upon marriage registration. Owing to the large number of women forfeiting their surnames, the fūfubessei issue has often been researched from feminist perspectives, which may have hindered the voices of others. This article analyzes, using text mining (quantitative analysis) and discourse analysis (qualitative analysis), a large number of opinions from people of various cultural backgrounds. The results of this study reveal a diversity of beliefs and attitudes towards Article 750, reflecting the complexity of the issue. In general, proponents of reform claim the law violates equality, rights and liberty. From opponents there was a strong push to conform rather than to recognize a need for individual choice. Moreover, the many personal narratives provided insight into issues on the ground and revealed how many in Japanese society have dealt with the law, social pressure and social expectations and why they have followed the path they have chosen.     

Managing elopement on the mobile phone: continuity and change in Woɗaaɓe te’egal marriage

Based on extended fieldwork among Ful?e Wo?aa?e in Niger and by analysing an ethnographic case, this paper discusses aspects of continuity and change in the practice of a culture-specific form of elopement marriage, called te’egal, in which a married woman leaves her husband to marry a man from another clan. The discussion focuses on two major aspects: (1) the extensive use of mobile phone communication in arranging and logistically managing elopement, and (2) the increasing police involvement in the settlement of te’egal cases. Mobile phone use in the context of elopement is interpreted as a modern means of achieving cultural ends. It acts as a catalyst, making elopement more dynamic. In the wider context of globalization and urbanity, however, this leads not simply to continuity but also to contradictions, as the moral and legal institutions of the state increasingly interfere with the normative framework of customary law.