The Theory of Civil Contract and China's Marriage & Family Law
- 法学院－已发表论文 
我国《婚姻法》受前苏联婚姻家庭学的影响 ,对“资本主义婚姻家庭关系契约化、商品化”持批判态度。文章通过对婚姻的社会背景、内涵、实践意义的分析 ,认为婚姻是当事人间的协议 ,当事人既可以协议建立婚姻 ,也可以协议解除婚姻 ,即婚姻的本质就是契约。Marriage had been looked on as a contract or a civil action in the capitalist countries. This opinion has been strongly animadverted in China's Marriage Law enacted in 1950, which was greatly influenced by U.S.S.R'marriage and family law. Nowadays there are still some different opinions against the theory of "marriage contract". The author holds that the value of a certain phenomenon should be reviewed from its social background and its significance in practice. Marriage, which is the arrangement between two parties, has the essence of contract, through which the parties can not only celebrate but also dissolve the marriage. Thus, marriage should be defined as kind of contracts.