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目前,由于我国对婚介的法律调控尚未步入正轨,有关婚介管理的全国性法律法规至今尚未出台,有关部门对婚介的管理依然停留在政策指导为主的基础上,管理手段的滞后使得我国婚介的不规范在所难免,致使“婚托”利用婚介实施诈骗以及婚介机构的偷逃税等违法犯罪问题时有发生,这些非法行为不仅损害了婚介消费者的切身利益而且还会影响婚介业的健康发展。有鉴于此,本文从民法学的角度全面分析了婚介机构以及婚介的法律性质,重点阐述了婚介的权利义务关系,并对“婚托”的法律责任问题作了简单的探讨。
At present, due to the fact that the legal regulation and control of marriage and intermediation in our country is not yet on the right track, the national laws and regulations on the management of marriage and intermediation have not yet been promulgated. The management of the marriage and intermediation still remains on the basis of policy guidance. The lag in management means makes our marriage Of irregularities are inevitable, resulting in “marriage care” use of marriage intermediary fraud and marriage tax evasion and other criminal offenses have occurred from time to time, these illegal acts not only harm the vital interests of marriage intermediaries consumers but also affect the health of marriage intermediaries development of. In view of this, this article comprehensively analyzes the legal nature of the institution and the agency of marriage agency from the perspective of civil law. It mainly elaborates the rights and obligations of marriage agency and makes a brief discussion on the legal responsibility of marriage agency.