论疾病婚的法律控制

对疾病婚的控制,不能仅仅通过将已经成立并生效的含有某种疾病因素的婚姻确定为无效而予以事后的惩罚和救济,而且应该在婚姻成立前,建立起与婚姻法规定的禁止一定疾病患者结婚相适应的完善的预防措施。我国婚姻法应该明确规定某些严重的疾病患者禁止结婚。同时,我国的婚姻行政立法应该建立符合中国实际需要的保障当事人知情权的婚前健康检查制度。

The Control on Marriage Involved Prohibit Disease

The ways of controlling marriage involved some prohibit disease, are not only punish and remedy that have happened marriage involved some disease, but also establish concrete and perfect precautionary measure according to the legal rules which prohibit some people to marriage because they have some disease. Our marriage law should stipulate the kind of disease that cause to the marriage invalid clearly and definitely, at the same time, our administrative regulation should enact the medical examination for marriage on Chinese specific conditions.