事实婚姻的立法冲突及解决

事实婚姻不仅是婚姻法的调整对象,也是刑法认定重婚罪的重要基础。在法律规则和司法解释的具体展开上,刑法和婚姻法基于不同的立场从而有所不同,并最终导致在重婚罪的认定上产生冲突。刑法领域内的事实婚姻有其独特的含义,刑法领域内事实婚姻的推定有效和认定无效不同于婚姻法领域内的事实婚姻有效与无效,具有重婚罪构成要件的作用和意义。尊重多元的情感生活方式,公法和私法的融合与重整,都可以为事实婚姻在刑法和婚姻法上的冲突提供解决方案。     

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。     

‘Marrying light’: skin colour,gender and marriage in Jamaica,c. 1918–1980

ABSTRACT

While historians have increasingly examined inter-racial marriage, they have so far paid scant attention to intraracial marriage. This article tries to fill this gap in the scholarship by examining the practice of ‘marrying light’ in Jamaica from c. 1918 to 1980. Based on a wide range of sources, including memoirs and autobiographical fiction, it is particularly concerned with the motives for cross-colour marriage and the ways in which African-Jamaican children learned that ‘marrying light’ was an ideal to aspire to. It shows that colour, gender and class intersected in complex ways in ‘marrying light’ and that in most instances cross-colour marriages in Jamaica, like elsewhere, were a trade-off between one high-ranking variable and another. Due to the limitations of the source material, the article does not fully explore the extent of ‘marrying light’ and the quality of cross-colour marriages.     

独生女的婚恋状况究竟如何?--对现有研究结果的几点思考

现有研究中关于异性别成长、同性别成长、单性别成长的视角具有很好的启发意义。但研究者关于三种性别男性不存在差别现象的理论解释尚不能让人信服;对于独生女与异性别成长女性之间存在显著差异的结果及其理论解释,则有可能因为缺乏对实际存在且与研究假设密切相关的城乡变量、文化程度变量的控制而形成错误。真正导致独生女与另两类女性之间出现差异的原因或许并不是性别,而是城乡背景、文化程度和有无兄弟姐妹。此外,研究者的价值观不应成为对调查结果进行解释的出发点,也不能成为其判断客观现实“是什么”和“为什么”的标准。     

Negative reactions to the sexually abused victims,withdrawing the complaint and outcomes of the litigation: the first data from Turkey

In order to provide psychosocial services to children with sexual abuse (SA) histories, their needs and problems should be initially identified. In this study, it is intended to determine the psychosocial problems of victims. Participants were 73 victims between aged between 16 and 21. A telephone interview form was used to collect the study data. It is found that there were several problems noted by victims, including underage marriage (15.1%), teenage pregnancy (6.9%), revictimization (13.7%), need for psychiatric support (21.9%) as well as negative social reaction (84.4%) and not being supported by family (41.1%). One-third of the victims (30.1%) had withdrawn the complaint for reasons such as SA being heard among social circle, the negative effect of court process on psychological well-being, make a new beginning and reasons related to the suspects. Finally, it was found out that 21.9% of the parents did not know the outcome of the litigation, 34.2% of them were satisfied with the case result, 43.8% of them were not satisfied with the penalty, 43.8% of the litigation process was ended in favor of the suspect and 43.9% of the suspects were punished. This study shows the need for prevention and intervention studies to solve the problems of SA victims, and it is essential to make the justice system child-friendly.     

婚姻自由的思考

婚姻自由原则是我国婚姻法的首要原则。婚姻自由包括结婚自由和离婚自由 ,二者不可偏废 ,共同构成了婚姻自由的完整内容。婚姻自由体现的是自然人对自己自由意志的支配 ,是婚姻内在价值的体现 ,是对婚姻自主权的肯定和界定。     

新婚姻法的进步性与缺陷

修改后的婚姻法具有极大的进步性:体现了法律与道德的融合,克服了原有婚姻法的一些弊端,完善了法律体系。修改后的婚姻法仍存在缺陷:内容不够全面,有些制度不够完善,法律条文存在逻辑上的错误。本文对修改后的婚姻法的进步性与缺陷进行了分析,并希望立法机关制定单行法或最高人民法院作出司法解释弥补缺陷。     

关于婚检中知情权与隐私权的思考

在我国,拟缔结婚姻关系的男女双方当事人必须接受婚检,这是新<婚姻登记条例>实施前的通例.而条例实施后,婚检在实践中由必选变为自选.但无论从法理还是从社会伦理的角度看,强制婚检都是必要的.首先,要求婚检正是<条例>有关条文的题中之义,同时,<条例>无权擅自改变其上位法所规定的强制婚检义务;其次,当知情权与隐私权发生冲突时,应以社会利益的最大化为原则,强调知情权而淡化隐私权.     

“婚内强奸“理性思考——以期待可能性理论为视角

本文通过白俊峰“婚内强奸案”这一典型的疑难案例的法律分析 ,认为该案不构成强奸罪。同时本文还以外国刑法学中关于期待可能性理论为视角 ,进一步剖析了该案不应认定为犯罪的理论依据。     

Marriages among people with disabilities in 19th-century Sweden: marital age and spouse’s characteristics

ABSTRACT

While marrying was an expected event in 19th-century Western society and has been subject to much historical research, there are few studies on how disabilities influenced people’s marriage patterns and spouse selection. The aim of this analysis is to contribute clarification on this issue by examining with whom disabled men and women married and the marital age and socio-demographic characteristics of them and their spouses. In total, 188 disabled individuals born in the first half of the 19th century and who married in the Sundsvall region, Sweden, are studied. The results reveal that disabled men and women did not marry each other, and they entered into marriage at a slightly higher age than the average, although there was usually no marked age gap between them and their spouse. Endogamous patterns were primarily found regarding the socio-spatial background of the two spouses. This analysis is one of the few studies identifying the marriages among a comparatively large number of disabled people using demographic data. Their participation in the partner pool highlight their agency historically and emphasize that disability did not lead to distance from social life in past society.