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基于伦理学和优生学的考量,具有近亲属关系的二人禁止结婚的观念一直以来被广为认可。且这种观念不仅存在于大众的伦理观念中,同时也通过法律被确认。我国婚姻法也通过具体条文对一定范围的近亲结婚加以禁止。同时《婚姻法》第26条规定了婚姻法中关于父母子女关系的规定也适用于收养亲之间的权利义务关系;《收养法》第23条也规定了养子女与养父母的近亲属间的权利义务关系适用法律关于子女与父母近亲属关系的规定。据此可以推定,在我国由收养关系形成的直系拟制血亲和三代以内的旁系拟制血亲之间也是禁止结婚的。基于长久以来我们形成的道德伦理观念,禁止一定范围内的近亲属结婚有其合理性与正当性,但对于收养亲与血缘亲是否应不加区分的统一对待却有待考量。随着社会发展以及人类思想的更加多元化,关于由收养关系形成的拟制血亲之间是否应严格遵循我国婚姻法第七条的禁婚亲规定,以及直系拟制血亲、旁系拟制血亲的规定是否应有所不同始终处于争议之中,本文将从伦理学以及婚姻自由的角度对这一问题进行探讨,以期为我国婚姻法相关制度的改善提出建议。
Based on considerations of ethics and eugenics, the notion of two people having close relatives that prohibit marriage has been widely accepted. And this concept not only exists in the public ethics, but also by law to be confirmed. Marriage Law in our country also prohibits a certain extent of cousin marriage through specific provisions. At the same time, Article 26 of the Marriage Law stipulates that the provisions of the Marriage Law concerning the relationship between parents and children shall also apply to the rights and obligations between adoptive parents. Article 23 of the Adoption Act also stipulates the rights of close relatives of adoptive children and adoptive parents Obligations Relationship Laws Provisions on the relationship between children and their close relatives. From this we can presume that it is forbidden to marry between the pro-blood relatives and their relatives within three generations formed by adoptive relations in our country. Based on the moral ethics we have formed for a long time, it is reasonable and prohibitive to prohibit marriage of close relatives within a certain range. However, it remains to be considered whether or not there should be no distinction between adoption and kin adoption. With the development of society and the more diversification of human thought, it is necessary to strictly observe the Prohibition of Marriage Provisions stipulated in Article 7 of the Marriage Law in our country as well as the prospective progeny This article will discuss this issue from the perspective of ethics and freedom of marriage, with a view to making recommendations for the improvement of the system of marriage law in our country.