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在法治观念越发深入人心的今天,作为社会的组成细胞、承担着经济与人口繁衍职能的每个家庭,对夫妻间的人身关系问题发出了时代的最强音。在男女平等观念越发深入人心的大前提下,其呼吁对夫妻人身关系给与更多的立法指导及关注。至此,为了切实保障夫妻权利与义务的行使和履行,近年来,国家公权力机关加大力度对婚姻家庭关系进行规制,正是由于此,使得婚姻家庭法的私法性质受到了越来越多的质疑。故本文中笔者从夫妻的姓名权问题展开论述,在对当今公权力渗透私法领域的现状进行浅析的同时,从而加深对婚姻家庭法固有的私法性质的思考。
Today, as the concept of the rule of law enjoys more and more popular support, as the constituent cell of society, every family that undertakes the function of economic and population reproduction sends out the strongest voice of the times for the personal relations between husband and wife. Under the precondition that the concept of equality between men and women has become more popular with the public, it calls for more legislative guidance and attention to the personal relationship between husband and wife. So far, in order to effectively guarantee the exercise and fulfillment of the rights and obligations of husband and wife, in recent years, the state public authority has stepped up its efforts to regulate the marriage and family relations. It is for this reason that the nature of the private law of the Marriage and Family Law has been increasingly affected question. Therefore, in this article, the author discusses the issue of the right of husband and wife, and at the same time analyzes the status quo that the public power infiltrates the private law field at the same time, so as to deepen the thinking on the inherent nature of the private law of the Marriage and Family Law.