Formulation And Revision Of The New Marriage Law Of China

The marriage is a major problem in one1 life, and the family is a cell of the society. Therefore, people's marriage family relationship is one of the most important social relationships, and even the stability of it is the foundation of the social stability. Adjusting the marriage family relationship correctly is very vital for every family, every person, even for national prosperity, human civilization and the development of society, and the Matrimonial Law is the important law of adjusting marriage family relationship.The matrimonial legislation of China has the long-term revolutionary tradition, distinct socialist essence and strong national characters. It came into being and developed in the course of abolishing feudal marriage and family system, and setting up new democracy and socialist marriage and family system. "Matrimonial Law of the People's Republic of China" passed in 1950, was the law, which was set up firstly after the foundation of the People's Republic of China, and was the basic law in nature. The Matrimonial Law was revised again in 2001 on the basis of Matrimonial Law revised in 1980, according to new phenomena, new problems appearing in practical experience and marriage and family field. The amended Matrimonial Law is based on Constitution, in accordance with our country's conditions, reflecting the broad masses' hope. It is an important achievement of the legal construction of marriage and family of China.Except for the Matrimonial Law, there is not any law whose revision can attract the attention of millions of people and produce such different opinions. The reasons for this phenomena lie in not only the affinity between the Matrimonial Law and living quality of millions of families and each citizen's basic human rights, but the function of Matrimonial Law as the barometer reflecting ages' change and the evolution of social culture.In sum, studying the history concerning the enactment and revision of Matrimonial Law after the foundation of the People's Republic of China has certain academic and social meaning.This text is divided into four parts mainly. The first part states the development of the legislation in the old China. The second part expatiates the announcement of "Matrimonial Law" in 1950, its influence and meaning. At first it narrates briefly the carriage of "the Matrimonial Law" in 1950, and then discusses its influence and meaning emphatically. The third part tells the announcement of "the Matrimonial Law" in 1980 and its supplement and amendments to "the Matrimonial Law "in 1950. The last part concerns the Matrimonial Law revised after 2001. And it is "the Matrimonial Law in 2001" amendment that opened a new page of Chinese legislation on marriage in the 21st century.