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婚姻法“解释三”第七条自出台之日起,争论便不绝于耳。学界和实务界对该条规定开展了学理批判和合法性质疑,但也不乏有人肯定该规定的实践价值。本文试从法理学的视角出发,分析这条规定与婚姻法第十七条、十八条的关系,得出该规定属于越权解释的结论;再从婚姻案件实际出发,揭示该条规定具有较高的实践价值,对于衡平离婚案件中当事人的利益作用较大。最后,得出第七条“形式不法内容合理”的结论,并呼吁《婚姻法》能与时俱进即使回应社会的变迁。
Marriage Law “Interpretation of the three ” Article VII since the promulgation of the day, the debate will be heard. Scholars and practitioners have challenged the academic criticism and legality of the article, but there are also many people who have affirmed the practical value of the provision. This article tries to analyze the relationship between this provision and Article 17 and Article 18 of the Marriage Law from the perspective of jurisprudence. It concludes that this provision belongs to the interpretation of ultra vires. From the reality of the marriage case, it reveals that this article stipulates a higher The value of practice, for the equity interests of parties involved in divorce cases play a larger role. Finally, it concludes with the conclusion that Article 7 of the Law of the People’s Republic of China on the Unlawful Content of Illegal Forms is Lawful and calls for the Marriage Law to keep pace with the times even in response to social changes.