The Research On The Legal Orientation Of Marriage Law

Hardly had the third interpretation concerning several issues of applying the marriage law of the People Republic of China enacted, when it caused a great disturbance in the society. As we know, the reason is that the law ignores the ethical and secular of the marriage and family, which strengthens the materialization, commercialization and utilitarian trends of marriage and family. In essence, they used the angle of view and the ideas of civil law to analyze and solve the problems of marriage and family relations. The key lies in lacking of corresponding research in the legal status of the marriage law. As Marx said:" the legislators should consider himself as a natural scientist. He is not making laws, not in the present law, but only in the formulation of laws, he put the spirit inherent laws behave in a sense of the current law. If a legislator uses their imagination to replace the essence of things, then we should blame him extremely headstrong." legislators can not be in accordance with the characteristics of marriage law to determine its original legal status, which will have a great influence on our marriage and family. This is not conducive to the establishment of healthy relationship between husband and wife, is not conducive to the harmonious construction of the family, is not conducive to the building of a harmonious society. We believe that only by establishing an independent legal status of the marriage law, many problems can be solved effectively. Besides introduction and conclusion this paper consists of four parts:The first part is the historical inspection of the legal status of the marriage law at all times and in all countries. Through investigation, we find that marriage law is earlier than the civil law in the Law history and learn that there are three kinds of cases about the legal status of the marriage law in the world:combination of all laws; independence of marriage law; as a part of civil law; which is the foundation of our next research.The second part talks about the theoretical basis about marriage law’s orientation which ought to be. According to the law division standard and combined with the essential characteristics of the marriage law, we find that the marriage law has its own independent adjustment object——marriage and family law relationship or near layer social relations, which has its own special adjustment method——tolerant, inclusive, the internal solution. Therefore, we believe that marriage law ’s orientation which ought to be an independent legal department, it should not be a part of the civil law.The third part discusses the question about mainstream viewpoint of the marriage law’s orientation. From the perspective of legal concept, the legal system, the legal nature, the legislation idea, the relationship between the rights and obligations to demonstrate. To arrive at an inevitable conclusion that the marriage law is independent of the legal department, it should not be part of the civil law and should also not return to civil law.The fourth part is about how to construct China’s marriage and family law system. In order to improve our marriage and family system, we need to carry out a reconstruction about marriage law on the basis of its independent legal department. In the idea of resolutely safeguarding marriage and family relation ethics, going against the concept of the materialization, commercialization and utilitarian trends of marriage and family, we should build a new Marriage and Family Code respectively from the two dimensions of the procedural law and the substantive law abide by the legislative principle of be somewhat refined in one’s rough way.The conclusion is that we must have scientific legislation on the basis of respecting for marriage and family law, and build a new Marriage and Family Code in the idea of resolutely safeguarding marriage and family relation ethics, going against the concept of the materialization, commercialization and utilitarian trends of marriage and family.