| Marriage Law of the law is to protect the freedom of marriage, the interests of women, children and other vulnerable groups, and social interests. In the United States, the marriage laws not only protect the formal marriage, also admit the informal marriage. In the divorce laws, the no-fault divorce law is in the leading position. The United States is full of modern law to protect the freedom of marriage. However, after entry of the 21st century, the United States has faced with new marriage and family issues. In order to solve these problems, new developments emerged in the United States modern Marriage Law aiming at protecting the interest of women, children and other vulnerable groups, and social interests. Based on the restrictions on the freedom of marriage for clues, this paper introduced the new developments of the United States modern Marriage Law, and evaluated these developments with the modern marriage problems faced by the United States. In the United States of modern marriage and family problems faced by comparison, this paper explored the reference value of China's Marriage Law, and improved the proposals.This paper is divided into five sections, a total of four chapters, and A total of more than 30,000 words."Introduction": This section introduced the reasons for the choice of topic "The new developments of the United States modern Marriage Law and enlightenments", as well as current situations of researches in the United States and China respectively on the status quo. Through the analysis of protection of the legislative purposes of marriage law, which are the protection of interests of women, children and other vulnerable groups, and social interests, the study demonstrated the theoretical significance of the new Marriage Law of the United States of modern development and enlightenment, as well as the practical significance on the basis of marital status in China.Chapter I, "Overview of Modern American Marriage Laws": First, the paper introduced the sources of the United States Marriage Law. From the case law, a binding decision is the effectiveness of the decision based on part of the development of law, the applicable law is not enacted its own law, but the court's interpretation. The basis of United States law is the use of specific cases in court. Therefore, model laws drafted by legal organizations indicating the direction of reform link to sources of the American marriage laws. In addition, the Family Law belong the scope of state legislation, but is still constrained by the federal law. Therefore, the sources of the marriage laws include not only state legislation, but also federal legislation.This section introduced the main contents of Modern Marriage Law of the United States. The marriage laws not only protect formal marriage, but also admit the informal marriage. In the gay marriage issue, the federal and state legislation will be passed in the same-sex couples from marriage, at the same time, the fight for gay marriage rights movement growing, the relevant jurisprudence continued there as well. No-fault divorce replaces fault divorce in the Divorce Act in the United States occupying a dominant position. On the grounds for divorce, the majority of states adopt the relatively no-fault grounds for divorce, that is, no-fault grounds for divorce are tied with fault grounds for divorce; on the divorce proceedings, divorce must be to enter into force after the court's ruling; to the end of the 20th century, the United States of about 12 states established the independent Family Court system, not only responsible for dealing with cases of divorce, but also has the provision of professional help for marriage parties.Chapter II, "The New Development of the United States Modern Marriage Laws": This section introduced the new developments of the American modern marriage laws and divorce laws. The new developments of American modern marriage laws include the legal measures to promote marriage, premarital guidance and education law, and the same-sex marriage laws. In the legal measures to promotion of marriage, the Federal TNAF Fund and its use in the state is a major part. At the same time the report "How the Government Strengthening Marriage" provided theoretical support to promote marriage legal measures, and have an impact on the continued development of legal measures. Premarital guidance and education law have two forms, first, a special "Pre-marriage Guidance and Education Act," the second is to add the content of marriage guidance and education to the original marriage law. Premarital guidance and education helps unmarried couples understand the serious significance of the marriage commitment, and have them to study the skills of communicating, handling financial issues and conflict that is essential to the maintenance of marriage. The same-sex marriage law aims at the right balance for the maintenance of traditional marriage and the protection of same-sex couples, by comparison of the heated debates on the issue of same-sex marriage in the academic community, that is, giving directly some of the rights of the parties in the marital relationship - such as employment, health care, andother aspects of welfare------to same-sex couples, or the way throughnon-recognition of marriage between same-sex couples, and similar provisions of this relationship in the rights and obligations of marriage.The new developments of American modern divorce laws include setting up obstacles to the no-fault divorce laws, covenant marriage law, as well as guidance and education divorce law. Mutual consent law is the most important in the laws which set up obstacles to the no-fault divorce laws. It stresses that if there are minor children, husband and wife who file for divorce must be unanimously agreed by the two sides. Different from direct amendment to the no-fault divorce law, covenant marriage law is new marriage pattern other than the traditional marriage pattern, and on the basis of the choice of husband and wife, most of the reasons for the application in no-fault divorce will be excluded. "Classical Marriage Law" adopts respective advantages of mutual consent law and covenant marriage law. Although it is not yet legally binding, as a factor which impact the United States modern divorce law to continue to develop, the paper also made a brief introduction. Divorce guidance and education law does not address the reasons for the divorce to amend, only add in the divorce proceedings guidance and education proceeding to help couples understand the consequences of divorce, especially the adverse effects to the children.Chapter III, "Review of the New Developments of the United States Modern Marriage Laws": The paper cited the problems which the United States modern marriage and family faced, reviewed the new developments of the United States modern marriage laws to solve these problems, reflecting the nature of new the United States marriage laws in protecting the freedom of marriage while also protection of interests of women, children and other vulnerable groups and the social interests. When reviewing the new developments of the United States modern marriage laws, this paper is in conjunction with a number of other countries on issues relating to legal provisions.Chapter IV, "Enlightenment to China of the New Developments of the United States Modern Marriage Laws": This section cited our country's marriage and family problems encountered. From two aspects, the possibility of transplanting the marriage laws theoretically and the similar problems both China and the United States faced, this section affirmed the meaning of the new developments of the United States modern marriage laws to China. According to the United States modern marriage laws, the paper put forward the improvement of recommendations, including: first, before the marriage registration procedures, add the pre-marital education program. The marriage registration office for marriage registration enforces the unmarried couples to participate in premarital education courses before registration. The street home office organizes the course, which content are the seriousness of marriage, both rights and obligations in marital relations, and marriage problems that may arise and problem-solving skills. Second, our country may protect the rights of same-sex couples in the form of a single law, by empowerment of the rights of marriage between the parties, where appropriate, to same-sex couples, at least protecting them not be discriminated against in the public welfare field, such as employment, health and other public welfare. Third, couples can reach an agreement before marriage or during the time of the marital relationship, which content is "If there are minor children in marriage, divorce marriage decision must be unanimously agreed by the two sides. These couples can not divorce unless prove the following facts: Bigamy who has a spouse or cohabiting with another person; domestic violence or family abuse, and abandonment of family members; gambling, drug abuse and other bad habits incorrigible; and not due to feelings of separation for two full years." This agreement is a legally binding. Fourth, the divorce law should divide the procedures aiming at having couples reconciled from the existing conciliation procedures, and create guidance and education procedures. Before the divorce, couples must accept the guidance and education first. Divorce guidance and education courses can accepted from the streets home office, which content helping couples analyze issues emerging in marriage, and seek ways of addressing those concerns. |
