Analysis On The Appropriateness Of The Provisions Of Banning Morality In Our Country

The compilation of the civil code has been started. On April 20, 2015, ‘The general civil law expert proposal draft ‘has been solicited comments to the whole society formally. Civil code will be more conducive to the personal right. The Marriage Law is important to the Civil Code. It is the basic standard to adjust and guide family relationships. The Marriage Law is bound to develop and adjust with the development of the society.Get married will have a significant impact on individuals and society,so which is restricted by the elements of marriage. In ancient China, the society emphasized the birth purpose of marriage. The Marriage Law is influenced by the feudal thought in modern times, birth and marriage are linked together closely. Our law are specify that forbidding the people who with particular disease to get married. However, with the change of the social and people’s thought, our country has canceled the compulsory check-ups before marriage since 2003.Thus emotional needs weighs heavily than birth function in family.The author believes that the provisions which forbidden people, who with particular disease to get married should be removed from the Marriage Law. Because it can not meet the needs of the change of the society any more. By removing this provision, it will grant equal rights of marriage to all citizens to ensure freedom of marriage. This article analyzes the correctness of the rules of disease lists which lead to the banning of marriage and put forward to the legislative proposals, so that to promote the adjustment and improvement of the marriage and family law.The first part introduces the essentials of marriage, indicating that the law prohibits the people with certain disease to get married is to promote eugenics. But the attention to the personal needs is not enough.The second part the longitudinal analysis of ancient and modern marriage law on the prohibition of the provisions of the marriage of the disease, which focusing on the period of the new democratic revolution, All the Marriage Law point that the diversification and expound the reasons.The third part uses the comparative analysis to compare the Marriage Law of some country,classify them by with the ban or not.The fourth part,which analyzes the rules of the prohibition of marriage diseases in our country. Firstly, elaborating the basic point of the Chinese scholars’ view about the provisions that prohibiting people who have disease to get married. Secondly, by analyzing about the fact and the Chinese scholars’ attitude, put my ideas forth that is the tendency of the development of Marriage Law, which the abolition of marriage is prohibited provisions of the disease. Combine with the case, I think that marriage is a civil right. Marriage Law shall grant freedom of marriage. Today, marriage has been achieved from birth to meet the spiritual needs. Abolishing the compulsory premarital examination let the prohibition of marriage disease states as useless.On the basis of the analysis above, the fifth part puts forward that he legislative suggestion. The law should remove the provisions of the prohibition of marriage disease, to give citizens the right to marry. Through invalid and may revoke the marriage, divorce system to regulate the relationship between people with specific diseases.