婚检制度中的法律冲突及选择
Legal Conflict and Choice in Premarital Examination System

婚检制度又称婚前医学检查，属于婚前保健服务的一种。在我国《母婴保健法》《人口与计划生育法》《基本医疗卫生与健康促进法》中都明文规定，政府应当提供婚前保健服务，对准备结婚的男女双方可能患影响结婚和生育的疾病进行医学检查，以预防出生缺陷。在婚检制度中的法律冲突可以从三个方面来分析。第一个方面是权力之间的冲突，即国家立法权之间的冲突。第二个方面是权力与权利之间的冲突，即婚姻登记机关的行政权力与公民婚姻自由权之间的冲突。第三个冲突是权利之间的冲突，即公民隐私权与知情权之间的冲突。面对上述冲突时应当坚持社会利益与公共利益优先，以实现法律价值的最大化。
Premarital examination system, also known as premarital medical examination, belongs to a kind of premarital health care services. In China’s “maternal and child health care law”, “population and family planning law” and “basic medical and health promotion law”, it is clearly stipulated that the government should provide premarital health care services, and conduct medical examination on the diseases that may affect marriage and childbirth of men and women who are going to get married, so as to prevent birth defects. The legal conflicts in the premarital examination system can be analyzed from three aspects. The first aspect is the conflict between powers, that is, the conflict between national legislative powers. The second aspect is the conflict between power and right, that is, the conflict between the administrative power of marriage registration authority and the right of civil marriage freedom. The third conflict is the conflict between rights, that is, the conflict between the right of privacy and the right to know. In the face of conflicts mentioned above, we should put social and public interest first in order to minimize the legal value.