随着边境地区的长期稳定和边境贸易的蓬勃发展,新时期边境地区跨境婚姻现象愈益增多,然而由于针对边民跨境婚姻的相关法律法规缺位严重,使得诸多社会、法律问题无以解决。目前实施的《中国边民与毗邻国边民婚姻登记办法》,由于其粗放性和一般适用性,无法适用于对象的特殊性,往往无法取得理想的社会效果。本文选取云南、广西作为主要调研对象,探析新时期边民跨境婚姻中存在的实际问题,并提出解决该类问题的构想和方法,以促使有关边民跨境婚姻关系的法律法规在社会主义法律体系之中更加完善和健全。
With the long-term political stability and rapid development of trade in border areas,cross border marriage in border areas has increased recently. However,adjustments of the relevant laws and regulations have not been made in time according to the changes,resulting in many social and legal issues unsolved. Because the current Regulations on Marriage Registration for Chinese Border Residents with Border Residents of Neighboring Countries is extensive and general,lacking considerations of specific cases,its social effect is not satisfactory. The authors made a survey in Yunnan and Guangxi in order to find the problems existing in cross border marriages in the new era. We also put forward ideas and methods to solve the problems,in an attempt to improve the law and regulations for cross border marriage within the socialist legal system.