婚姻家庭是社会机体的基本构成单位,因其承载着特殊的社会功能而渐渐被制度化。我国的婚姻制度从古代的仪式婚演变为今天的登记婚,经历了一系列法与礼的碰撞,这一点从我国司法界对事实婚的立法态度变化上已有充分体现。曾一度被视为是封建陋俗的仪式婚有着其特定的文化背景和公示功能,国家法在承认其具有一定效力的基础上应作出适当调适,对仪式婚给予法律保护。 Marriage and family is the basic unit of social body, because of its special social function and gradually institutionalized. China’s marriage system has changed from an ancient ritual marriage ceremony to a registered marriage today, and has undergone a series of conflicts between law and ceremony. This point has been fully reflected from the changes in the legislative attitude toward de facto marriage in our judiciary. Once considered as a feudal custom of marriage ceremony has its own specific cultural background and publicity function, the national law should make appropriate adjustments on the basis of recognition of its effectiveness, to provide legal protection for the ceremony of marriage.