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现行的婚姻法自1981年1月1日实施至今,已经整整20年了。20年里,各方面都发生了很大变化,婚姻家庭领域也出现了许多新问题。在上一次婚姻法修改前的1978年,离婚率是3.4％,而从现行婚姻法开始实施的1981年起,离婚率持续上扬,到1995年,结婚总数为930万对,离婚总数为105万对,离婚率达到了11.3％。2000年10月下旬,在广州召开的“二十一世纪中国婚姻家庭”研讨会上,有专家预测,进入2001年以后,离婚人数将以每年200万对的速度递增,离婚率仍将不断攀升。 此外,当初“宜粗不宜细”修订原则造成的天然缺陷开始暴露。由于现行婚姻法全文只有37条,很多规定过于笼统,遇到问题就用司法解释弥补,以致到目前为止,司
The current Marriage Law has been implemented since January 1, 1981, and it has been exactly 20 years. In 20 years, great changes have taken place in all aspects and many new problems have also emerged in the field of marriage and family. The divorce rate was 3.4% in 1978 before the previous marriage law was amended. Since 1981, the divorce rate has been on the rise since the current Marriage Law came into effect. By 1995, the total number of marriages was 9.3 million and the total number of divorces was 1.05 million. The divorce rate reached 11.3%. In late October 2000, a symposium on “marriage and family in the 21st century in China” was held in Guangzhou. Some experts predicted that after 2001, the number of divorces will increase by 2 million pairs per year and the rate of divorce will continue to rise . In addition, natural defects caused by the original “should not be fine” revision principle began to be exposed. Due to the fact that the existing full text of the Marriage Law is only 37, many of the provisions are too general and the problems encountered are remedied by judicial interpretation, so far, the Secretary