婚姻、同居、生活伴侣辨析

当代社会婚姻的主流主体是一男一女的结合,但不是唯一主体。婚姻当事人是生活伴侣,必然同居,这是婚姻内在的本质要求。异性婚姻仍然是一种与人类社会共存亡的身份形态,值得倍加遵从与推崇。生活伴侣是一种有别于婚姻及单纯意义上的同居,而为法律认可的身份关系,同居也是其内在的本质要求。为法律认可的生活伴侣或同性婚姻,我们只能以待异性婚姻一样的视角“平等”待之。与受法律认可的婚姻或生活伴侣无关的同居:一是违法同居,不予以法律保护;二是理论上认可的合法同居,依据契约身份关系及现代民法的基本原则予以保护。

An Analysis on Marriage,Cohabitation and Life Partner

The artery of marriage in contemporary society is the combination of one man and one woman. However, it is not the only style. The cohabitation of marriage couple is necessary and it is the inner demand of marriage. Life partner is different from the cohabitation of marriage and simple sense. It is status relation admitted by law, therefore the cohabitation of it is natural. The life partner and the marriage of the same sex, which is admitted by law only can be treated as the marriage of opposite sex. There are two kinds of cohabitation, which is different from the cohabitation of the marriage and life partner legally admitted: One is illegal cohabitation, so it is not protected by law; the other is the legal cohabitation which is admitted theoretically, so it is protected by contract status relationship and the principles of modern civil law.