Reflection And Reconstruction Of The System Of Prohibited Prohibition In China

As a fundamental principle of our marriage law, freedom of marriage is not only thefundamental rights of our citizens, but also an important cornerstone of the socialistsystem of marriage and family, but our legal marriage based on natural and socialproperties, provides married ban conditions, limits the freedom of marriage to a certaindegree, for example, marriage disease is one of China’s Marriage Law restrictions onmarriage, lawmakers hope to forbid people suffering from certain diseases to achieveeugenic marriage and protect the interests of the relevant person. However, China’sMarriage Law, which prohibits marriage for patients with the disease just general-styleprovisions,and it is required by the "Maternal and Child Health Care Law", whichprovides that married men and women need to check related diseases, such as severegenetic diseases, infectious diseases and specified related psychosis. But with thecancellation of compulsory antemarital examination, this provision has lost the meaning ofexistence. And with the development of medical technology, marriage functions haschanged, and with legislative issues and judicial practice existing, its existence ofrationality is being increasingly questioned, and then the provisions seem unreasonable.This paper attempts to combine foreign legislation and the actual situation, the currentpractice for the emergence of the problem, propose new ideas to solve problems related tothe disease marriage ban, hoping to provide some sound advice and help the currentlegislation and thus provide better services in judicial practice.This paper consists of an introduction and four chapters. An introductory part is a fewcases, through the case of questions to show our marriage ban provisions on the existenceof the disease blemishes, which leads to introduce the text of the paper.The first chapter introduces the domestic and international law from the law Angleabout the disease, the provisions of the marriage. Through the comparison, points out thatthe disease of the defects in the system of marriage in our country at present.The second chapter mainly introduces the problem of prescribed marriage disease inour country.It mainly discusses the connotation of marriage, function, the nature of marriage and marriage the principle of freedom of marriage, finally pointed out theexistence of the marriage ban system disease caused by the conflict in legislation andjudicial practice in the chaos, which pointed out the necessity of modification aboutmarriage disease system in China.The third chapter mainly discusses the influence of diseases on the validity ofmarriage, introduces the effectiveness of several typical diseases on the current marriage,such as mental illness, infectious diseases and the genetic diseases.The fourth chapter points out how to improve our marriage ban system. Includinglegislation, civil compensation, free premarital, disease prevention and medical treatmentof disease prevention and control system and procedural advice to marry, in order to betterensure the citizens’ rights to get married, to maintain social public interest.