摘要
婚姻家庭关系的伦理性是道德调整和法律调整的客观基础。社会道德和法律共同规范着婚姻家庭关系。道德调整和法律调整的手段和领域不同。道德调整和法律调整在婚姻家庭关系中某些领域界限明确,可分别调整;但在另一些领域难以明确界定自己的调整范围,道德和法律可从不同层次加以规范。对婚外恋行为,道德和法律可分层调整,以实现道德调整和法律调整的效力。
The ethics of the legal relationship of marriage and family is the objective basis of moral regulation and legal regulation. Social morality and law jointly regulate the legal relationship of marriage and family. The means and domain of moral regulation and legal regulation are different. There is a clear line between moral regulation and legal regulation in some fields of the legal relationship of marriage and family, and can be regulated separately; but in some other fields it is difficult to clearly define its own regulatory sphere,and morality and law can regulate it from different levels. As to the act of love affairs outside marriage, morality and law can regulate it from different levels in order to realize the validity of moral regulation and legal regulation.
出处
《政法论坛》
CSSCI
北大核心
2000年第3期43-48,共6页
Tribune of Political Science and Law
关键词
婚姻家庭
伦理
道德调整
法律调整
婚外恋
Marriage and Family Ethics Moral Regulation Legal Regulation Regulation from Different Levels Love Affairs outside Marriage Validity of Regulation