Modification and Improvement of China’s Marriage Law

郑叶秋子

【Abstract】In this paper， Id like to introduce the legislation situation in modifying marriage law.The paper will be divided into three parts， the first part is the history of marriage legislation review； the second part is the necessity， feasibility of the marriage law modification； the last part is conclusion.

【Key words】marriage law， history， legislation， modification.

1.Review on history of marriage legislation

The modified marriage law from legislative brewing up for one decade， officially listed in the standing committee of the National People's Congress legislation program for five years.

Now， we review of the marriage legislation in history.On May 1， 1950， the marriage law of the People's Republic of China formally promulgated， this is our country promulgated the first is in the nature of the basic law of the law.Marriage law as the first enterprise in the basic law， it is has its historical inevitability.On the one hand， this is after the founding of new China， the nationwide reform system of marriage and family needs.

All the Chinese feudal rulers put the provisions of the marriage and family relations “HuHun Law” put in system of confused feudal code， the method of fit， civil regardless， substantive law and procedural law regardless， adjust the legal relationship of marriage and family use criminal means more.

Marriage law since 1950， there has been no change， in 1980， just announced the second marriage law in our country， namely the current marriage law.Marriage law in 1980， the actual at the end of 1978， it begin drafting.Many in after the founding of marriage and family system reform abolished the old behaviors， after the “cultural revolution”， the feudal custom on moisture regain， has spread.The draft law was under this historical background.

2.Analysis on necessity and feasibility of marriage law modification

The precondition of the marriage law of change is the historical legacy of the marriage law of 1980.Its positive role was that after 10 years of havoc， marriage law in 1980 to 1950 marriage law to make a lot of modification and supplement.After marriage law enacted in 1980， various departments work together to further carry out， that has been damaged by the “cultural revolution” of marriage and family law to the healthy development of the road， to some extent to meet the reality of the relationship between the adjustment of marriage and family law， protecting the rights of the marriage and family in terms of the general public.Because of the necessity and feasibility of modifying will cover the shortage of the marriage law in 1980， I will use the above statement instead of the lengthy narrate， avoid the one-sidedness in the semantics.endprint

2.1 marriage law modification necessity

Marriage law modified in 1980， this should be a golden opportunity to improve the system of marriage and family law.But legislation after marriage law is simple， the principle provisions.The cause of the legislation is more lawmakers consider the factor of right， marriage and family law in the relationship， to complement changes to the legal system， ignored the scientific， systematic， forward-looking of the law itself.We should not be demanding the ancients.When modified marriage law， the third plenary session of the eleventh has not held， society of China： where to go， marriage and family development prospects， is difficult to clear.

According to our conclusion， the current marriage law defect performance in two aspects.

First， Congenital defect， namely the laws， the defects exist.Marriage law as the normative legal documents must adjust the relationship between marriage and family law， lack of many important systems in the field of marriage and family， there are blank.

Second， Acquired defect， the law lags behind the objective need of social development.Thirty years of reform and opening-up， the progress of the society， the changes of marriage and family relations， some were modified to satisfy the needs of the social provision has been lagging behind the actual marriage and family relations， let alone speak prospective.

2.2.Feasibility of marriage law modification

The modified marriage law conditions have been mature.

First of all， marriage and family law system construction with long-term experience， especially the reform and opening up， nearly 20 years of carrying out the 1980 marriage law judicial experience.

Second， China's social development prospect is of predictability.Because our country is building socialism with Chinese characteristics， we are in the primary stage of socialism， is establishing and perfecting the socialist market economy.Under this big background， marriage and family development prospect is also predictable.

Finally， based on the marriage and family， looking on the overall situation of social development， it also has the condition of comprehensive and perfect marriage and family law.

Conclusion

In this paper， we have reviewed the marriage law modification history， the necessity and feasibilities on modification， I hope all of this can give a brief outlook of family and marriage law modification.endprint