《婚姻法解释(三)》对婚姻家庭领域诸多亟待明确的法律问题作出了回应。本文认为从社会性别视角分析,司法解释确立的有关拒绝亲子鉴定的推定规则应该审慎适用;有关生育权纠纷的处理规则有助于维护妇女的尊严和权益;有关婚姻家庭财产的归属、分割、流转等项规则,大多以市场交易规则为依据,没有充分考虑家庭财产的身份性与伦理性、中国现有的婚姻家庭传统以及妇女的弱势状况,其实施与适用会对婚姻家庭中的妇女造成不利影响,需要进一步修改与完善。
<<“The Judicial Interpretation of the Marriage Law Ⅲ”has given response to many legal issues in family and marriage that need urgent attention. This paper cautions the application of the rule of the judicial interpretation on the rejection of paternity tests from a gender perspective. The paper recognizes that its procedural rules relating to disputes over reproductive rights help maintain the dignity and rights of women,while other rules relating to the ownership of marriage and family property,and the division and transfer of that ownership,relying on market operation,have not taken into enough consideration about the ethics and gender dimensions of family property in China’s traditional practice of marriage and family,and women’s vulnerable situations. The implementation and application of these rules will have negative impact on women in marriage and family. The paper calls for their amendment and improvement.
<<Keywords: | Gender EqualityMarriage and Family PropertyThe Judicial Interpretation of the Marriage Law Ⅲ |