当代中国婚姻家庭的变化与家庭法的完善

随着我国现代化发展,传统的家庭结构与家庭关系已经发生了许多变化。现行婚姻家庭法律却仍然建立在以合法婚姻为中心的传统道德价值观基础之上,未能适应时代的发展,如：回避规范同居家庭、对单亲家庭和隔代家庭关系缺乏应有调整、收养条件苛刻等等。因此,我国家庭立法应当进行大幅度的修改,以道德观为中心的家庭立法应当转向为以调整家庭成员关系为中心的家庭法,以适应现实社会。     

Distant relatives? Demographic determinants of long-term developments in intergenerational proximity,The Netherlands 1650–1899

In this paper, we investigate what late timing of marriage combined with neo-locality in early modern Western Europe actually implied for the likelihood of upward intergenerational support. In our analysis of genealogical data from the Netherlands (1650–1899) we show that due to high marriage ages and small spousal age gaps, life cycles of children and their parents were going through difficult periods at the same time, with the elderly as potential victims. To some extent, the risk of ‘hardship’ was compensated for by relatively small geographical distances between the parental and children’s households, allowing for exchange of support. We discuss our outcomes in the broader context of alternative options and elderly care arrangements that were developed from the early modern period onwards.     

Bridal pregnancy and women’s educational attainment in South Korea, 1970–2009

We examine the link between marriage and fertility in South Korea by focusing on the historic trend of bridal pregnancy (marriage preceded by pregnancy) over the four decadal marriage cohorts since the 1970s. We first demonstrate how the rate of bridal pregnancy changes over the observed period and then investigate the educational differentials in the trend. These inquiries are examined by analyzing a sample of 29,213 ever-married Korean women from recently pooled data from the National Survey of Fertility and Family Health (NSFFH). The results show that bridal pregnancy has increased from 16% in the 1970s marriage cohort to 20% in the 2000s marriage cohort. In response to class differentials, while bridal pregnancy has been more prevalent among less-educated women than among their counterparts, bridal pregnancy has increased across all education groups over time. In addition, the magnitudes of increase are more noticeable among highly educated women of recent marriage cohorts. We contextualize our findings and provide speculations about subsequent family changes in South Korea.     

EQUALITY,DIGNITY, AND SOCIAL HARMONY: EXPLORING THE RATIONALES AND MODELS FOR RECOGNIZING SAME-SEX RELATIONSHIPS IN LAW

One of the major changes that has taken place over the past twenty to thirty years has been the extension of the legal recognition and protections for same-sex relationships in a wide range of countries. A number of jurisdictions, including China, are considering the approach that they will adopt. This article seeks firstly to consider the justifications for the legal recognition of same-sex relationships by the state. Three main, compelling rationales are identified which are rooted in notions of the equality of all persons, the dignity and liberty of individuals to form close personal relationships, and the social benefits of recognizing close, personal relationships of same-sex couples. The second part of this article then turns to consider the manner in which same-sex relationships should be recognized. Four models are identified: a “Partial Rights” model; a “Civil Partnerships” model; a “Marriage Equality” model, and a “Diversity of Relationships” model. Reasons for and against these particular models will be examined. In the conclusion, it shall be argued that the choice of model that has been adopted can be seen to depend on a number of factors: the manner in which equality is conceived in that society; the understanding of same-sex relationships therein, and the religious and cultural opposition to same-sex relationships in that society. The models are also not states of affairs that are fixed for all time and many countries have progressed from less extensive forms of recognition to wider recognition over time. Ultimately, it shall be argued that the rationales underlying the recognition of close personal relationships in the law support the “Marriage Equality” model or the “Diversity of Relationships” model. This article thus seeks to provide an understanding of the rationales and models for recognizing same-sex relationships that have been adopted around the world: Its focus is thus comparative but may, in this way, be useful to lawmakers and advocates for legal reform in this area in China and other jurisdictions around the world.     

SILENT CHANGES: TRANSSEXUALS’ RIGHT TO MARRY IN CHINA’S MAINLAND AND HONG KONG

In comparison to the arduous process of rights advocacy in Hong Kong, transsexuals in China’s mainland achieved their right to marry via some “silent changes”: there was no legal activism from transsexual communities, no debates or hearings in the legislature, and no landmark judgments made by the judiciary. From a perspective of comparative law, this article attempts to analyze the legal changes regarding transsexuals’ right to marry in China’s mainland in light of the struggles in Hong Kong. It endeavors to discuss to what extent the seemingly “smooth” and “unintended” way of opening up marriage to transsexuals in China’s mainland could be beneficial to trans rights and equality in general.     

对婚姻自由原则的思考--兼论同居现象的合理规制

婚姻自由原则是婚姻法中的首要的基本原则,对保障其实现的两个禁止性规定及其本身的操作执行都存在很多的因难,越来越多的同居现象的出现,从婚姻自由的角度看,它的存在是合理的,为了保护同居者个人的利益,尤其是弱者一方的利益,法律应对同居作出合理规制.     

北京市城乡社会家庭婚姻制度的变迁

本文以大量丰富和翔实的数据与资料,详细地描述和解释了在工业化、城市化进程和计划生育政策的共同推进下,北京市的家庭结构和婚姻制度在近年来的巨大变化,以及与中国其他大城市和经济发达地区相比较后所呈现的特点,同时分析了家庭婚姻制度变化可能或已经给北京的城市生活带来的各种影响.     

关于我国结婚条件构成的法律思考

结婚条件是结婚制度的重要组成部分。在我国婚姻法中结婚条件更多地强调了社会利益的实现,个人权利保护不够充分。在个人权利保护日益受到重视的今天,我国结婚条件构成的不足愈加显现,主要表现为法律规定态度上的犹疑和贯彻实施过程中的障碍。关注婚姻的特殊性,从实质意义上实现对个人权利的充分保护,达到社会利益和个人权利充分实现的平衡,细化结婚条件,将是解决许多难以解决的婚姻家庭领域问题的关键。     

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。     

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.