论新时期我国婚姻家庭法律制度的发展与变化

The Changes and Development for China’s Legal System of Marriage and Family in the New Period

The reform and opening policy has given a good chance for the development of the Chinese legal system. During this period, the legal construction of the marriage and family law has made great progress, which manifests as the changes of the related legal systems, such as the marriage law, the divorce law and the parent-children relationship. About the marriage law, the legislation ideas are more mature, the enforceability of marriage law is much stronger and the function of the status law to regulate the property relationships has been paid more attention. The divorce law has laid more stress on the protection of the parties to a divorce, admitted the value of house works, specified the wrongful conducts and the consequent responsibilities and further guaranteed the freedom to divorce. As to the parent-children relationship, the law has given more protection to children’s interests, the legislation ideas has changed, the principle of ‘best interests for the child’ has been applied in juridical practices and the relationship between parents and children has be detailed. All these developments and changes is a mirror reflecting the reform and open of China, are the achievements of the legal constructions in the field the Chinese marriage and family law and are the proof of the transforms of the Chinese marriages and families. 改革开放为中国法制建设的发展提供了良好地契机。期间婚姻家庭法制建设取得了长足地进步与发展，婚姻家庭立法进一步得以完善，表现为相关制度方面一定的发展与变化，如结婚制度，离婚制度，亲子关系等。在结婚立法上其立法观念更加成熟，婚姻法的强制效力进一步凸显，身份法调整一定财产关系的功能得到重视。离婚立法对现行法有所突破，更加注重保障离婚当事人的权益且保障水平有所提高，家务劳动得到肯定，明确规定婚姻中的过错行为并使之与责任承担相联系，离婚自由进一步得到保障。亲子关系方面更加注重子女的利益保护，立法理念发生变化，子女利益最佳原则在实践中得到运用，亲子关系进一步细化。这些变化发展是我国改革开放的一面镜子，是我国婚姻家庭领域法制建设取得的成就，也是我国婚姻家庭领域发生深刻变革的明证。