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家庭法哲学是我国部门法哲学研究领域的处女地,对家庭法哲学的理解,必然要首先明确其基本概念并将之与其他相邻学科区分开来。家庭关系平等是家庭法哲学中最重要的问题。在夫妻关系上,由于平等因素的增加,有可能实现平等;在亲子关系上,由于不具备任何平等的要素,不可能、也无必要实现平等。在家庭关系的平等问题上,要消除平等至上论,承认保护关系的价值,以不对称保护制调整家庭关系。
The family law philosophy is the virgin land in the field of departmental philosophy of law in our country. To understand family law philosophy, we must first clarify its basic concept and distinguish it from other adjacent disciplines. Equality in family relations is the most important issue in family law philosophy. In the relationship between husband and wife, equality may be achieved due to the increase of equality factors. In parent-child relationship, since there is no equal element, it is impossible and unnecessary to achieve equality. On the issue of equality in family relations, we should eliminate the principle of equality first, recognize the value of the protection of relations and adjust the family relations with asymmetrical protection.