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在当前的民法草案中,现行《婚姻法》被纳入其中独立的一编。这不仅仅昭示着我国《婚姻法》将历史性地回归民法典,更为重要的是法典化的民法编纂将无可置疑地成为我国婚姻家庭法全面完善,快速提高的一个重要契机。婚姻家庭法在民法的地位问题一直是婚姻家庭法领域的基本理论问题,众多学者对此有不同的见解。在我国的立法体例沿革上,婚姻家庭法先后经历了“作为民法的分支—与民法分野—复与民法合流”的曲折过程,关于是否应该将婚姻家庭法纳入民法的探讨亦有两种对立截然不同的观点。本人赞同把婚姻家庭法纳入民法典的这一观点。
In the current draft of the Civil Code, the existing Marriage Law is included in a separate editorial. This not only shows that the “Marriage Law” of our country will be returned to the civil code historically. More importantly, the codification of civil law codification will undoubtedly become an important opportunity for our country’s marriage and family law to be fully improved and rapidly increased. Marriage and family law in the status of civil law has always been the basic theoretical issues in the field of marriage and family law, many scholars have different views. On the evolution of the legislative system in our country, the Marriage and Family Law has undergone a tortuous process of “as a branch of civil law - the division of civil law ” and “the reunification of civil law ”. There are also two kinds of discussions about whether Marriage and Family Law should be incorporated into civil law Opposition different point of view. I agree with the Marriage and Family Law into civil law this view.