| Family is the basic unit of society and marriage is the core part of family system.Other family relationships such as the relationship between parents and children are based on the marital relationship between husband and wife.The establishment of a benign marriage system is not only important for family life but also important for social stability and harmonious development.Although the marriage system of husband and wife is not unchangeable in the long history,it is evolving with the development and progress of society.Some reasons for the contradiction between husband and wife are still exist and have not changed substantially.Among all the factors that affect the harmony between husband and wife,bigamy is different from other contradictions because it directly related to the emotional relationship between men and women such as property disputes and other issues which will cause more damage to marriage and family.The relationship between men and women from the feudal system inherited too much unfairness.Women have always been the vassals of men in family and society.Overthrowing the male rights and privileges in the family is the key idea of the marriage law after the founding of the PRC.How to establish new social rules consolidate the revolutionary achievements and embody the people's political power are the key issues to be considered by the ruling party.In this context,the marriage law of 1950 came into being and became the first law of China on the basis of the achievements in the base areas.The marriage law of 1950 contains eight chapters and 27 articles which covers the basic problems of family life.The legal reform of marriage and family is the first step of all reforms.The system of multiple concubines in feudal period is a typical representative of male chauvinism in the feudal system.The prohibition of bigamy is a powerful blow to this old system and then the new one is established.The establishment of monogamy system under the prohibition of bigamy plays an important role in stabilizing marriage and family promoting social development and consolidating the new regime.The basic point of this study is that the prohibition of bigamy stipulated in the marriage law of 1950 which is fundamentally different from the "monogamy" in feudal times and is also fundamentally different from the "prohibition of bigamy" in the reform of the late Qing Dynasty,the Beiyang Period and the national period of Nanjing.Generally speaking,the legal meaning of prohibiting bigamy should be consistent with monogamy.However,the expression of prohibition of bigamy in feudal period was monogamy supplemented by concubines and amorous persons.After the marriage law appeared in 1950,we established the real prohibition of bigamy between husband and wife-the absolute form of "one man and one woman" is maintained but the common mistresses,mistresses and illegitimate children in the society inevitably make people wonder.In terms of form,the prohibition of bigamy has been established but it seems that there is little difference between it and the feudal period.At this point the main idea to be explored in this study appears: Did the prohibition of bigamy really reconstruct the Chinese view of marriage and love? This paper starts with the appearance of monogamy and the change of prohibition of bigamy,through the change of common people's views on love,marriage and family,and makes a conclusion that the prohibition of bigamy in 1950 reconstructs the Chinese view of marriage and love.The promulgation of the marriage law in 1950 not only drew lessons from some laws and regulations of ancient China but also absorbed the marriage and family laws of other countries.Under the premise of combining with its own social situation,this marriage law played a good role in the implementation process.The system of prohibiting bigamy stipulated in the marriage law of 1950 has had a significant impact on society: many positive cases have appeared in the whole country,and the legal literacy of the masses has been improved.That also makes the principles of freedom of marriage and equality have been deeply rooted in the views of the people.The other systems and principles in the legal text have been widely absorbed by the marriage law of 1980 and have been affected so far.However,it should be noted that the establishment of the prohibition of bigamy is not easy.Due to the strong impact of its progressive legal provisions on the feudal system,it encountered a lot of criticism in the early stage of its promulgation.Some people called it the feminine protection law and the divorce law.As the first written code issued after the founding of new China,Generally speaking,the marriage law has experienced the situation of poor implementation in the early stage,but with the promotion of the follow-up policies and the implementation of the marriage law movement,the socialist marriage system is gradually playing a role and the people's concept of marriage and family has been greatly changed.In the process of promulgation of the code,what characters and cases have played a key role,what kind of inheritance relationship it has with the marriage law of 1980 and the marriage law of other countries and what far-reaching cases have emerged after the promulgation of the marriage law,which are worthy of further study.This paper consists of introduction,chapters 1 to 4 and conclusion.The first chapter,as background knowledge,introduces the historical origin of the "prohibition of bigamy" system.Starting with monogamy between rites and law analyzes the multiple "wives and concubines" under the superficial monogamy system in ancient China.Since the collapse of the primitive society,the patriarchal society gradually replaced the matrilineal society,and the monogamy marriage,which represents the new civilization of mankind,has emerged.This new marriage,which is born out of the dual marriage,is generally manifested as monogamy.However,from the Xia and Shang Dynasties to the end of the Qing Dynasty,monogamy in China actually took the form of one husband with many wives and concubines,and even the phenomenon of even wife occasionally appeared.It is called a husband and a legal wife.Although the government of Beiyang and the government of the Nanjing stipulated the prohibition of bigamy,the marriage law of 1950 was the basis for the realization of this goal.The prohibition of bigamy was the basic norms of marriage and family based on the socialist system,the public ownership of means of production and women extensive participation in social work.The rule of law of monogamy in China was born out of the rule of rites and the folk knowledge form still has its value today.The second chapter introduces the marriage law of 1950 as the starting point of China's marriage and family law including the background of its formulation,the basic content of the text and the basic problems of its implementation.The marriage law of 1950 is the first code promulgated by the PRC.It can be said that it is an epitome of the social system at that time.It is innovative principled and has a great impact on the subsequent laws.Although its content is only eight chapters and 27 articles,it still represents a new trend of thought in the marriage and family system,which promotes the judicial progress of our country at the same time of its implementation.Its come on stage not only widely absorbs the ideas of Marxist writers but also fully draws on China's traditional culture and foreign regulations.Among the numerous provisions of this marriage law,the prohibition of bigamy is undoubtedly a bright spot.This provision is inextricably related to the "monogamy" system in the feudal period of China.With the gradual change of the meaning of monogamy feminine status has been significantly improved in the period of the Republic of China,a series of beneficial attempts during the period of revolutionary base areas accumulated for the implementation of the system after the founding of the People's Republic of China,and it has detailed theory and practical experience.The third chapter introduces the protection of the marriage registration system to prohibit bigamy,and the treatment of bigamy in specific cases,so as to reappear the practice process and social effect of the system historically.It analyze the social effects of the prohibition of bigamy and trying to explain that the marriage law of1950 and its system of prohibiting bigamy have a far-reaching impact on the common people's view of marriage but also judicial provisions and procedures.The protection of women against bigamy is only one of its several functions not all of them.However,this is the social chaos brought by social transformation to marriage and family.This divorce tide has not brought instability of social order but has been effective and it has promoted the progress of society the improvement of legal literacy of the whole people and the progress of legislators.The fourth chapter introduces the judicial issues and makes it clear that the system of prohibiting bigamy has brought about changes in the concept of marriage and love.As a special form of bigamy the protection of military marriage and the regulation of foreign-related marriage are also paid attention to by marriage law.The provisions on bigamy and protection of military marriage in criminal law are significantly related to marriage law.From the content,it not only protects the marriage of soldiers,but also regulates the marriage and family behavior of soldiers and their families.In addition,from 1950 to 1980,our judiciary has undergone constant changes.The fourth chapter gives a formal response to the theme: the prohibition of bigamy is a reconstruction rather than a continuation of the Chinese concept of marriage and love,intending to clarify the significance of the prohibition of bigamy in today's society.With the continuous development of economy and society,the diversity of bigamy phenomenon makes it of new significance to continue to implement the system of prohibiting bigamy.From the legislative and institutional levels,we should vigorously protect the implementation of the prohibition of bigamy which includes the protection of victims,not only through the legal sanctions against bigamy.Morality in law should be distinguished from jurisprudence in law.Although law has inherent lag in social regulation,and morality can only make up for it,but it can never replace law.The decline of morality can be guided by enlightenment not by law.The last part reviews the construction of China's marriage legal system since1950.The marriage law of 1950 is a relatively mature marriage and family law which comprehensively absorbed many foreign marriage laws and combined with China's national conditions after repeated argumentation and research it was discussed and adopted.From the evolution of the system of prohibiting bigamy in the past 70 years the process of legal construction of marriage and family affairs in China.This part discusses the relevant theoretical research on the prohibition of bigamy from the discussion of these theories,we can find that the reason of judicial judgment has changed from morality to rule and the legal literacy of the whole people has improved from blind obedience to belief.With the diversified development of social economy,the increasingly complex causes of bigamy also challenge the identity of judicial judgment.Although the phenomenon is more and more complex and the reasons are more and more diverse,the Government Council and the Supreme Court to the National People's Congress,laws and regulations have been dealing with bigamy with a positive attitude,from the 1951“instructions on inspecting the implementation of the marriage law”which proposed that "implementing the marriage law will be a long task" to the 1980 marriage law which has a far-reaching impact on China's marriage and family law.Today,in the marriage and family code of the civil code,the system of prohibiting bigamy,together with other systems of the marriage law,provides assistance for the legalization process of China. |
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