一、引言法律如何调整婚姻关系,在很大程度上依赖于立法者如何设计和构建婚姻制度。各种婚姻关系理论在不同的角度中,反映着不同的婚姻定位、婚姻意识和婚姻观念,其融合了婚姻文化的思考,从“塑造婚姻”的角度实践着婚姻法的使命。虽然说婚姻是自由的,原则上夫妻今生今世也是彼此相连的,但是离婚案件越来越多,可见无论是离婚,或是婚姻的撤销,或者是分居,都并非只随夫妇的意愿,而是须由司法当局宣判以及合乎法律所界定的 I. INTRODUCTION How the law adjusts marital relations depends to a large extent on how legislators design and construct a marriage system. In different perspectives, various theories of marriage relations reflect different positions of marriage, sense of marriage and concepts of marriage. They incorporate the thinking of marriage culture and practice the mission of marriage law from the angle of “shaping marriage.” Although marriage is free, in principle, couples are still connected with each other in their present and contemporary life. However, there are more and more cases of divorce. It can be seen that both the divorce, the revocation of marriage and the separation are not just the wishes of the couple, but rather Shall be pronounced by the judicial authorities and as defined by law