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Absence Of Legal And Fill The Seats

Posted on:2008-06-13Degree:MasterType:Thesis
Country:ChinaCandidate:Q XuFull Text:PDF
GTID:2206360215473012Subject:Legal theory
Abstract/Summary:PDF Full Text Request
The quick development of network caused social public to the concern of related.problem that the network brings. The network marriage problem is a new social problem which outruns law adjustment scope which appears at the network ages. The negative effect of network marriage is being paid attention to by more and more many people closed about recent two years, got divorced because "network marriage " leads to an alienation of mutual affection law case memorial year by year. Network marriage lets an actual life be hit by sacred, solemn great affair of marriage having become the game being for person's amusing oneself, makes our society's morality be confronted with the new problem with the legal system building at the same time also. This article mainly talk about the question that network marriage initiation legal vacancy as well as how to fill the legal vacancy to carry on the theoretical analysis. The main body of this article include five parts:The first part of this article pass to carry on analyzing to understanding to network marriage this new-born phenomenon to the concept, characteristics of modern and social network marriage. The essence which connects down to the network marriage carried on analytical, because of currently to network marriage of the property still contains a controversy, and property problem for how norm network marriage, resolve morals and law problem to crack that the network marriage brings are also count for much, so the writer emphasized to analyze the essence of the network marriage, and passed analytical think the dissimilarity participates a crowd network, the property of the marriage is also different, can't be tidy to unify judgment uniformly. Being the nature to married person network marriage among them mainly is that game couple's affection is more unfaithful comparing with others has carried out relevance investigation and discussion after all, and regard it being face to face married ultimately person, the behavior couple who participates in network marriage has just brought about spirit damage, sex discussion being no honest check husband and wife affection's, how to resolving the law vacancy problem that network marriage initiates thereby for later development having done bedding.The second part is mainly discusses the reason which rises to the network marriage, the social influence that the rise of social ethics foundation and network marriage resulted in what kind to carry on analysis.The rise of network marriage this new-born thing has it the special social history background by all means. From on subjective analyzes because social reforming causes ethics crisis, the self-binding force reduces adds on the spirit to be void and so on. Then this text influence from two societies which discussed network marriage to result in, is a network marriage on the other hand to reality family of impact, network marriage of the emergence downplay husband and wife's affection and break a family stability, disadvantage to set up in the set of modern home. On the other hand the network marriage also produced huge influence to the marriage family ethics. So the existence of the network marriage is not agree with match a male preface good vulgar, disadvantage in the establishment of healthy ethics idea of the marriage family. Because network marriage the want for takes charge of a mechanism didn't practice monogamy in the reality, this not only is mankind civilized of backset, also disadvantageous in the realistic marriage the establishment of monogamy.The three part of this article main be the above two part basis upper suggest that problem and analytical problem, namely suggest that network marriage suitable for use law vacancy problem and analytical the reason of law vacancy. The law problem caused through a network marriage to explain network marriage a problem to not only is a question of ethics only but also a law problem, need the intervention of law, but the our country current marriage method have no explicit provision, cause the law apply of lack. Then through one divorced case which lead to network marriage initiation relevance law problem to analytical challenge to marriage law and talk about whether network marriage violate currently effect marriage law, whether can use the effect marriage law to restrict. Then analyzed the reason of the law vacancy, the writer thought law vacancy is caused by the moral stipulation limited and law behind coefficient result, so difference two aspects lacked the reason of to carry on theories a study to the law from morals factor and law factor.Four part of this article is solve problem, namely how to fill up network marriage to apply the problem that the law vacancy to put forward the suggestion of some theory and actual situation. Because the society carries on legislative noise of shouting to the network marriage now very high, but also exist some objection opinions, so writer first from the focus problem of theories to controversy, namely whether should from national power to norm private life of the problem carry on analysis, there is no necessity drawing up a specialized law, because the network marriage problem makes reference to the problem of the family realm of a bottom or a marriage, belonging to our country marriage method adjust of scope, needs to be carried on to the current marriage method related and perfect can meet the demands.The end part is a conclusion part, mainly discuss the interaction of law order inside the realm of the marriage family and morals order, exactly a marriage family the realm is the realm which has strong ethics, morals and affection color, so as to adjust to need various means, include morals, administration, culture and law etc. So must combine morals and law for the problem of marriage family realm, two kinds of means carry on in the meantime, let law order and morals order become the diapason that the organic interaction promotes to guaranteea marriage family order mutually.
Keywords/Search Tags:Network marriage, Law vacancy, Moral, Law
PDF Full Text Request
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