Analysis Of The Faithful And Relevant Provisions Of The 2001 Marriage Law "husband And Wife

With the 25 years' practice of Reform and Opening to the outside world, great change, together with problems, has been witnessed in marriage in China. One of the serious problems is the sharp increase of the rate of divorce mainly due to non-marital love. How should non-marital love be treated by law? This was just the hot issue when the Law of Marriage issued in 1980 was under revision in 2001. Focusing on the issue of the marital loyalty, this paper will examine the new Law of Marriage in three parts as following.Part I is the general introduction of the current marriage condition, people' s various viewpoints on non-marital love and the relative items in the Law of Marriage (1980).Part II studies the logical consistence in the successful revision of the Law of Marriage from four aspects. First, Item 4 establishes the base tone of the Law that what is right is mutual loyalty. Second, Item 3 clarifies the jurisdictional object as bigamy and cohabitation. Third, Item 32 prescribes the way of jurisdiction as "No charge, no attention" . In other words, the divorce will not be sanctioned until the intermediation after divorce claim failed. Forth, Item 46 prescribes measure of jurisdictional aids after divorce sentence.Part III contains some reflection on the difficult issue of marital loyalty in the light of the success of as well as weak points in the new Law of Marriage. Maybe the most crucial premise to marital loyalty is nothing but high quality of marriage.