摘要
婚姻是作为男女两性精神生活、性生活、物质生活及其他社会关系的共同体而存在的 ,夫妻之间的感情作为夫妻精神生活的内容之一 ,虽然能在一定层面和程度上反映夫妻关系的面貌 ,但并不等于也不能代替构成婚姻实体的所有方面乃至夫妻关系整体。如以婚姻关系破裂代替感情破裂作为法定离婚条件则具有更科学、更全面的包容性。仅以感情破裂为离婚标准不仅存在极端的个人主义取向 ,而且势必导致社会公德的价值取向失衡。
The marriage is a community whose component parts are mental life,sex life,material life between men and women and other social relationships.The affection between husband and wife as one of contents of their mental life,isn't equal to and can't take place of all parts of the marriage even the relationship between husband and wife as an entity,though it can embody this relationship in some degree.The author suggests that the plosion of marriage relationship can take place of the plosion of affection and becomes the legal condition of divorce,which is more scientifical and overall and can embody the function as an entity most truly.The plosion of affection is regarded as the legal condition of divorces only,which is not only an orientation of individualism,but also make the orientation of social value unbalanced inevitably.
出处
《江西师范大学学报(哲学社会科学版)》
2003年第5期81-84,共4页
Journal of Jiangxi Normal University(Philosophy and Social Sciences Edition)