Keywords:
Relative status behavior; Autonomy of will; Ethics and morality; Behavior of bigamy
亲属身份行为;意思自治;伦理道德;重婚行为
Abstract:
Since modern times, with the continuous impact of ideas of personalautonomy, equality and freedom, autonomy of will has expanded from the
original property behavior to the behavior of kinship status, which is precisely
integrated with the ethical nature of the kinship relationship itself. The strong
instrumentalism of the autonomy of will and the prior ethics of humanity have
their own shortcomings, but they cannot complement each other. The autonomy
of will is restricted and restricted by ethics, morality, and the maintenance of
marriage and family by the marriage and family law in the behavior of relatives.
The hysteresis and stability of ethics and morals themselves are gradually
emerging in the current era of rapid development and social life. Out of touch.
These problems make part of the legal interests in the kinship behavior fail to be
well protected. The intervention of the state coercive force maintains modesty
while properly adjusting the relationship between the two is the focus of this
article.
近现代以来,伴随着个人自治、平等自由等思想的不断冲击,意思自治从原本的财产行为扩大到亲属身份行为,恰与亲属身份关系本身所带有的人伦性相融合。意思自治带有的强烈的工具主义与伦理在先的人伦性各有不足,但又不能做到互补。意思自治在亲属身份行为中受到了伦理、道德以及婚姻家庭法对婚姻家庭的维护等价值的限制和约束,伦理道德自身的滞后性和稳定性等特征在当下高速发展的时代与社会生活渐渐产生了脱节。这些问题使得亲属身份行为中的
部分法益尚未得到很好的保护,国家强制力的介入在保持谦抑性的同时,妥善调整二者之间的关系是本文探讨的重点。