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婚姻法规定的“医学上认为不应当结婚的疾病”
作者:admin 发布于:2018-12-27 15:32

一、医学上认为不应当结婚的疾病
 
1. Medical diseases that do not justify marriage
 
 
 
(一)指定传染病,是指《中华人民共和国传染病防治法》(1989年9月1日起施行)中规定的艾滋病、淋病、梅毒、麻风病等医学上认为影响结婚和生育的其他传染病。
 
(1) Designated infectious diseases refer to other infectious diseases, such as AIDS, gonorrhea, syphilis and leprosy, which are medically considered to affect marriage and reproduction, as stipulated in the Law of the People's Republic of China on the Prevention and Control of Infectious Diseases (which came into effect on September 1, 1989).
 
 
 
(二)严重遗传性疾病,是指由于遗传因素先天形成,患者全部或部分丧失自主生活能力,后代再现风险高,医学上认为不宜生育的遗传性疾病。经男女双方同意,采取长效避孕措施或者实行节扎手术后不生育的,可以结婚。但《婚姻法》规定禁止结婚的除外。
 
(2) Serious hereditary diseases refer to hereditary diseases that are congenitally formed due to genetic factors, in which all or part of the patients lose their ability to live independently and the offspring are at high risk of reproduction and are considered unfit for reproduction in medicine. With the consent of both men and women, those who do not have children after taking long-term contraceptive measures or carrying out ligation operations may get married. However, the Marriage Law stipulates that marriage is prohibited.
 
 
 
(三)有关精神病,是指精神分裂症、躁狂抑郁型精神病以及其他重型精神病。
 
(3) Psychosis refers to schizophrenia, manic-depressive psychosis and other severe psychosis.
 
 
 
(四)另外,根据最高人民法院1898年12月13日公布的《关于人民法院审理离婚案件如何认定夫妻感情确已破裂的若干具体意见》第一条“一方患有禁止结婚疾病的,或一方有生理缺陷,或其他原因不能发生性行为,且难以治愈的”,如一方有严重的生殖器疾患,以致不能发生性行为亦应属于医学上认为不应当结婚的疾病。
 
(4) In addition, according to Article 1 of the Specific Opinions of the Supreme People's Court on How to Determine the Breakage of Couples'Feelings in Judging Divorce Cases, published on December 13, 1898, "One party suffers from a disease prohibited from marriage, or one party has a physical defect, or other reason that sex cannot occur and is difficult to cure", if one party has a serious genital disease, so that it will not be cured. Sexual intercourse should also be a medical disease that should not be married.
 
 
 
概括起来,不应当结婚或者暂缓结婚的疾病主要包括:重症精神病,即精神分裂症和躁狂抑郁症。重症智力低下者,即痴呆症。处于发病期间的法定传染病,包括未经治愈的梅毒、淋病、爱滋病、甲型肝炎、开放性肺结核、麻风病等等。婚前患有以上医学上认为不应当结婚的疾病,婚后尚未治愈的,婚姻无效。
 
Generally speaking, diseases that should not be married or postponed include: severe mental illness, namely schizophrenia and manic depression. Severe mental retardation, namely dementia. Statutory infectious diseases during the onset include untreated syphilis, gonorrhea, AIDS, hepatitis A, open pulmonary tuberculosis, leprosy and so on. Pre-marital diseases that are considered unfit for marriage by medical experts above are not cured after marriage, and marriage is invalid.
 
 
 
二、医学上认为不应当结婚的疾病的认定依据
 
2. The basis for identifying diseases that are considered unfit for marriage in medicine
 
 
 
《中华人民共和国母婴保健法》(1995年6月1日起施行)第八条规定,婚前医学检查包括对严重遗传性疾病、指定传染病及有关精神病的检查。可见,医学上认为不应当结婚的疾病主要包括以下三种疾病:一是指定传染病,是指《中华人民共和国传染病防治法》(1989年9月1日起施行)中规定的艾滋病、淋病、梅毒、麻风病等医学上认为影响结婚和生育的其他传染病。《母婴保健法》第九条规定:婚前医学检查,对患者指定传染病在传染期内或者有关精神病在发病期间内的,医师应当提出医学意见;准备结婚的男女双方应当暂缓结婚。二是严重遗传性疾病,是指由于遗传因素先天形成,患者全部或部分丧失自主生活能力,后代再现风险高,医学上认为不宜生育的遗传性疾病。如《母婴保健法》第十条规定:结婚前医学检查,对诊断患医学上认为不宜生育的严重遗传性疾病的,医师应当向男女双方说明情况,提出医学意见;经男女双方同意,采取长效避孕措施或者实行节扎手术后不生育的,可以结婚。但《婚姻法》规定禁止结婚的除外。三是有关精神病,是指精神分裂症、躁狂抑郁型精神病以及其他重型精神病。
 
Article 8 of the Law of the People's Republic of China on Maternal and Child Health Care (which came into effect on June 1, 1995) stipulates that pre-marital medical examination includes examination of serious hereditary diseases, designated infectious diseases and related mental diseases. It can be seen that diseases that should not be married in medicine mainly include the following three kinds of diseases: first, designated infectious diseases refer to AIDS, gonorrhea, syphilis, leprosy and other infectious diseases that are medically considered to affect marriage and reproduction as stipulated in the Law of the People's Republic of China on the Prevention and Control of Infectious Diseases (which came into effect on September 1, 1989). Article 9 of the Law on Maternal and Child Health Care stipulates that medical examination before marriage shall give medical advice to patients who designate infectious diseases during the infectious period or the period of mental illness concerned, and that both men and women who intend to marry shall postpone their marriage. Secondly, severe hereditary diseases refer to hereditary diseases that are congenitally formed due to genetic factors, in which all or part of the patients lose their ability to live independently and their offspring are at high risk of reproduction and are considered unfit for reproduction in medicine. For example, Article 10 of the Law on Maternal and Infant Health Care stipulates that if a patient is diagnosed with a serious hereditary disease which is considered unfit for fertility by medical examination before marriage, the doctor shall explain the situation to both men and women and give medical advice; if the patient is sterile after taking long-term contraceptive measures or carrying out the operation of sterilization, he or she may get married with the consent of both men and women. However, the Marriage Law stipulates that marriage is prohibited. Third, psychosis refers to schizophrenia, manic-depressive psychosis and other severe psychosis.
 
 
 
另外,根据最高人民法院1989年12月21日公布的《关于人民法院审理离婚案件如何认定夫妻感情确已破裂的若干具体意见》第一条“一方患有禁止结婚疾病的,或一方有生理缺陷,或其他原因不能发生性行为,且难以治愈的”,如一方有严重的生殖器疾患,以致不能发生性行为亦应属于医学上认为不应当结婚的疾病。
 
In addition, according to Article 1 of "Several Specific Opinions on How to Determine the Real Breakage of Couples'Feelings by the People's Court in Trial of Divorce Cases" promulgated by the Supreme People's Court on December 21, 1989, "If one party suffers from a disease prohibited from marriage, or one party has physical defects, or other reasons, it is impossible to have sex and cure it", if the other party has a serious genital disorder, it is impossible to Sexual intercourse should also be a medical disease that should not be married.
 
 
 
我国婚姻法对禁止结婚的疾病没有作具体的列举性规定,而是以“医学上认为不应当结婚的疾病”进行了概括性的规定。具体哪些疾病属于医学上认为不应当结婚的疾病,最终要由医学鉴定。
 
China's Marriage Law does not make specific enumerative provisions on diseases prohibiting marriage, but makes general provisions on "diseases that are not supposed to be married medically". Specific diseases which belong to medical diseases that should not be married should be identified by medical experts.

 


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