Freedom Of Marriage And Its Restrictions On Public Law

The freedom of marriage is not only a very important principle on marriage law, but also a basic right in people’s marriage life. Essentially, the freedom of marriage includes two attributes:the private attribute and the public attribute.the existence of the private attribute and its inalienable is an mportant personality private tool to safeguard citizen’s freedom and develop people’s personality. The couple can follow their free will to dominate their marriage to realize private autonomy, this is the fundamental value of it. Meanwhile, the public attribute make it can be dominated by the government too, which can promote the realization of the social and public interests. Based on the two attributes, the freedom of marriage can be divided into the freedom of marriage on the constitution law and the freedom of marriage on the civil law, the freedom of marriage on the constitution law mainly through personal guarantee and security system to accomplish, the freedom of marriage on the civil law includes cohabitation without marriage,the freedom of marry,the freedom of divorce and the freedom of the content of marriage.The irresistible trend of integration in public and private law in modern society makes a lot of public law norms Permeate to the private law,to keep the freedom of marriage,we can only build it through the coordination of the two.consider the goal of order of the public law,to balance the personal interests and the public interests, which will become a hard work in the process of constructing the freedom of marriage and related institutions. pay too much attention on the protection of private freedom of marriage ownership may do harm to public interests, which is unable to form rules and order, pay too much emphasis to safeguard the public interests is harmful to individual’s freedom. Therefore, while limiting the freedom of marriage by public law, we must adhere to the principle of constitutionality,public order and good customs and distinguish it according different cases,through restrictions in the public law, restrictions by the public norms in the private law and restrictions in the judicial,to find the "golden dividing point" between the private freedom of marriage and the order of country and achieve a balance between them.