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On The Quasi-institution Of Marriage

Posted on:2013-06-29Degree:MasterType:Thesis
Country:ChinaCandidate:Q C CengFull Text:PDF
GTID:2246330374482564Subject:Law
Abstract/Summary:PDF Full Text Request
The phenomenon of quasi-marriage in our country has been quite popular, sought after by many people as a new marriage-like lifestyle. The concept of "quasi-marriage" of the title, this article draws on the view of civil law scientist Yang Lixin, the social phenomenon of "non-marital cohabitation", uses the neutral term "quasi-marriage" to the title, and on the Marriage and Family Law is adjusted to this social phenomenon into the norms of law, to prevent problems in the event of a dispute, and to better protect the rights and interests of the litigant. But the legal profession in our country does not attach importance to quasi-marriage of this social phenomenon, the legislation is still stuck in the maintenance of the status of traditional marriage and family relations. Engels said that the family patterns of development is just a historical category, traditional marriage and family in the long history has been at the center of the mainstream society is the cornerstone of society, it bears most of the social functions, but the bearer of this function changes or disappeared, the family will change the existing form."If the monogamous family in the distant future can not meet the needs of the community, it can not be predicted in advance, what nature its successor will have."(Morgan said)Therefore, quasi-marriage as a form of a new family social is the product of historical development, its produce, the rationality of the existence of social phenomena can not be avoided, Traditional marriage and family law must break through the inherent adjustment range, and it included adjustment for the quasi-marital relationship.In the1960s, Western capitalist countries represented by the United States entered a golden era of unprecedented economic active, an endless stream of new sectors of the economy and new employment opportunities, provide plenty of opportunities for the participation of women in socio-economic activities for women to get rid of traditional marriage on women’s role to provide a social and economic infrastructure. This new quasi-marital relations between men and women shape to meet the interests of women in traditional marriage, but also avoid the traditional marriage and the various restrictions imposed on women, and thus as a popular way of life was the pursuit of freedom and independence people choose. As a starting point, Social being determines social consciousness, as the social existence of quasi-marriage phenomenon, it’s adjustment can not only break through the adjustment range of traditional marriage and family law, and provide a legal basis to resolve actual disputes, and also allows people to establish a correct marriage and family values.This article describes the concept of quasi-marriage, and its existence is reasonable, our attitudes of quasi-marriage and the necessity to adjust quasi-marriage for, and then make a brief evaluation of Britain and the United States legal system of quasi-marriage, finally, put forward the quasi-institution of marriage in my humble opinion. In order to others may offer their valuable ideas.
Keywords/Search Tags:Quasi-marriage, Non-marital Cohabitation, Anglo-American law, Legal construction
PDF Full Text Request
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