这是一篇综合性分析台湾“婚姻法”的论文。本论文不是抽象并孤立地分析“民法”亲属编的法条,而是将婚姻放在政治、经济、历史与文化的背景下,看法律从公私法不同的角度对婚姻所作的规范。经由本文的分析,我们可以看到在“民法”亲属编近年持续朝模仿契约法的方向发展,强调的是男女平等;在“刑法”上仍捍卫着传统贞操观念;但在程序法上却又一再强调婚姻事件的特殊性而建立特别的程序与法院。更重要的是在公法上因为社会福利思想之兴起,政府推出大量的社会福利与津贴,而这其中有许多是以有婚姻关系为前提,在诸此背景下,婚姻诈欺的情形屡见不鲜是可得预见的。总之,经由本文分析可以看出婚姻的复杂性与全面性,但立法者却似乎有割裂立法的问题,没有对婚姻有全盘性的整合思考,更没有考虑到人性在诸多立法中会趋利避害地作最有利的决策。 This is a comprehensive analysis of Taiwan “Marriage Law ” thesis. Rather than analyzing the law of “civil law” relatives in an abstract and isolated manner, this paper puts the marriage under the background of politics, economy, history and culture and looks at the norms of marriage from different perspectives of public and private law. Through the analysis of this article, we can see that in recent years, “civil law ” relatives continue to move in the direction of imitating the contract law, emphasizing equality between men and women; defending the traditional concept of chastity in “Criminal Law ”; however, However, the law has repeatedly emphasized the particularity of marital incidents and established special procedures and courts. More importantly, because of the rise of the social welfare ideology in public law, the government has introduced a large amount of social welfare and allowances. Many of these preconditions are based on marital relations. Against this background, the case of marital fraud is not uncommon. Predictable. In short, through the analysis of this paper we can see the complexity and comprehensiveness of marriage. However, legislators seem to have the problem of splitting legislation. They do not think comprehensively about marriage but do not take into consideration that human nature tends to favor and evade many legislations Harmful for the most favorable decision-making.