创新与传统的碰撞及调适——试谈《婚姻法司法解释三》的创新与不足

摘要

The issuance of Judicial Interpretation Three of the Marriage Law has caused widespread discuss in the society.On one hand,people praise its innovation point,on the other hand,people are curious about the over-stress on individual liberal egalitarian.Especially in the rural area,the villagers are deeply influenced by the traditional idea ＇Men take care of the external affairs,while the women handle the domestic ones.＇,so it is inevitable that there is a collision between people＇s thoughts and newly-issued judicial interpretation.The basic reason is that judicial interpretation ignores the traditional family idea which is embedded deeply in their thoughts.It becomes a problem that how to seek an adjustment path between innovation and tradition,which need to be faced and solved.%《婚姻法司法解释三》的出台在社会上引起广泛争议。人们在称赞其创新点的同时也对解释三过于强调个人自由平等主义表示不解。特别是在广大农村地区,村民受传统＂男主外,女主内＂观念的影响深刻,难免与新出台的司法解释产生碰撞。司法解释忽视了深嵌在百姓心中的传统家庭观念是产生碰撞的根本原因。而如何在创新和传统之间寻求调适路径就成为我们必须要面对和解决的问题。