A Study On The Marriage Relationship From The Perspective Of Public Policy

The “sInterpretation of the Supreme People’s Court on certain issues concerning the application ofpeople’s Republic of China Marriage Law” was approved on July4th,2011, and was implemented onAugust13th. The implementation of the regulation raised a wave of heated discussion where the focuswas set on the No.10of the real-estate regulation, The updated regulation was against the general ruleof marital relationship and brought radical change when it comes to property disposal. Take the relatedregulation into consideration and combined with the changing path of property law, we can see thatnot only the marital property relationship but also the marriage relationship was revised in alignmentwith social development. We are required to conduct the research of marriage relationship under thecontext of social environment which is too abstract to analyze. Public policy, however, is the mostimportant and powerful tool to adopt the analysis. The perspective of public policy enabled us to comecloser to marriage relationship. The paper re-examined the marriage relationship with public policyperspective based on the “Marriage Law Interpretation3”. Through integrating the general principalsof marriage relationship from the point of practical and theoretical view, we have a betterunderstanding of marital relationship legislation application by analyzing the relationship betweenpublic policy and legislation. Also it’s good for us to appreciate the value of public policy to maritalrelationship with solid practical and theoretical significance.Therefore, the paper was divided into three parts. The first part “introduction” brought the issue ofmarital relationship and the new perspective of public policy with the implementation of “Marriagelaw interpretation3”. Afterwards we specify the background, purpose, methodology as well asresearch outline. The second part comb through the general theory of marital relationship starting withmarital relationship history development. Marital relationship went through from communal marriageto couple marriage and ended into monogamy which underpin the concept and property of maritalrelationship. Following that we introduce some typical examples to clarify the content of purpose ofmarital relationship from the point of personal relation and property relation. The main partre-examines the marital relationship from the perspective of public policy. First is the briefintroduction of public policy with its content, characteristics and function. Then we conduct thetheoretical analysis of marital relationship combined with individual “tiny liberty” and social “bigliberty”. Practical analysis was done through three typical public policy which are Hukou system,housing policy and also children policy. Lastly, we emphasize the impact of public policy to maritalrelationship through analyzing the relationship of public policy and legislation. And then articulate thefunction mechanism and meaning of public policy from both judge usage and individual usage.