作者：夏吟兰
作者介绍：中国政法大学教授，中国法学会民法典编纂项目领导小组成员、婚姻家庭编召集人
出版日期：2020年8月9日
内容提要 婚姻法完成回归民法典之路，婚姻家庭编成为民法典中的重要组成部分。我 国民法典婚姻家庭编弘扬社会主义核心价值观，在立法价值上体现了维护婚姻家庭的伦理属 性及团体价值，进一步强化对弱者利益的保护，实现法律的实质正义。婚姻家庭编在体例上 纳入了收养法，完成了婚姻家庭编内部体系的完整统一；在一般规定中增加了家庭应当树立 优良家风、弘扬家庭美德、重视家庭文明建设的倡导性规定，取消计划生育原则，增加亲属、近 亲属与家庭成员的概括性规定；在具体制度中修改禁止结婚条件，完善婚姻无效与可撤销制 度，增加日常家事代理、婚内析产、夫妻共同债务的认定、登记离婚冷静期、亲子关系的确认与 否认、离婚损害赔偿的兜底性规定，取消家务劳动经济补偿制度的适用前提，修改和完善了收 养条件等社会上有需求有呼声、司法实践中有判例有解释的规定。
关键词 民法典婚姻家庭编 可撤销婚姻 夫妻共同债务 登记离婚冷静期 亲子关系 确认收养
Abstract: The Marriage Law has completed its return to the Civil Code, and the Part of Marriage and Family has become an important part of the Civil Code. The Part of Marriage and Family in the Civil Code of China has promoted the core values of socialism and has embodied the ethical attributes of maintaining the marriage and family and the group value in the legislative value. Besides, it has further strengthened the protection of the interests of the weak and has realized the substantial justice of the law. The Part of Marriage and Family has incorporated the Adoption Law in style, and has completed and unified the internal system of the Part of Marriage and Family. On the one hand, in the general rules, it has added the advocacy rules that the family should establish an excellent family culture, promote family virtues and attach importance to the family civilization construction. It has also abolished the family planning principle and has added general rules for relatives, close relatives and family members. On the other hand, in the specific systems, it has modified the impediments to marriage, and has improved the system of invalidity and revocation of marriage. Besides, it has added the content of daily family matters agency, division of marital property within marriage, identification of the marital joint debts, cooling-off period of the registration of divorce, confirmation and denial of the parent-child relationship and the general protection clause of divorce damages. Furthermore, it has abolished the prerequisites for the application of the economic compensation system for housework, has modified and improved the adoption conditions and other regulations which have needs and voices in society and precedents and interpretations in judicial practice.