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家庭伦理的价值实现在刑法中是以家庭法益作为理论的基础,是以认可公共权力的适度的介入为思想基础。家庭法益是以婚姻家庭制度为保障的生活权益,是以婚姻家庭制度本身为基础的法益保障。目前,在我国的刑法中,对家庭伦理价值的重视程度并没有其他国家重视程度高,主要表现为对侵害家庭法益的犯罪行为的执法不严,对婚姻家庭的保护不公以及忽视人性要求,总体来看,刑法对家庭的适用是缺乏家庭的感性认识,但其总体思路应当以家庭伦理价值为主要核心,适当遵循伦理道德的保护原则执行。
The realization of the value of family ethics is based on the theory of family law in the criminal law. It is based on the appropriate intervention of the recognition of public power. The legal interest of the family is the life rights guaranteed by the marriage and family system and the legal protection based on the marriage and family system itself. At present, in China’s criminal law, the emphasis on the family ethics value is not the high degree of attention paid by other countries, mainly for the lax enforcement of criminal acts against the legal interests of the family, the unfair protection of marriage and family and the neglect of human nature, From the point of view, the application of criminal law to the family lacks the perceptual awareness of the family, but its general idea should be based on the family ethics value as the main core, and properly follow the ethical and moral principles of protection.