The Research Of The Conflict Between Marriage Customs And Habits And The Marriage Law In China

After the enactment of "Marriage Law" in1980, the marriage law system in our country has always been adhering to the principle of keeping pace with the time and the importance of the development trend of marriage life. Our marriage values have been changed with the social transformation, but it seems that we have failed to notice that the entrenched traditional marriage customs and habits have some lasting effects on the transformation.That is how the inevitable conflict between the implementation of the legal system of marriage and marriage customs and habits happens. After the enactment of "Marriage Law Judicial Interpretation Three" in2011, the conflict has caused highly public concern and controversy.In the context of the full implementation of the reform and open policy, the heterogeneous culture (such as western culture) has a great influence on the traditional viewpoints and behaviors, which inevitably requires the prospective judgment of legal system in adjusting social relations to further adapt to the rapid development and change of social life. Although we admit that in the changing society, we need legal predictability in advance. We still can not deny the traditional customs which deeply rooted and widely recognized in our country, especially in the field of traditional marriage customs, which still has its existence and development space in contemporary society.It is impossible to get rid of the influence of tradition on marriage customs and habits in a short period because of its stability and inheritance. And the huge contradiction between the forward-looking of the law and the inheritance of the customs also cannot be appropriately resolved in a short period of time. At this stage, some scholars in the domestic academic circles attempt to simply apply the advanced and mature foreign law from the perspective of economic efficiency. However there will be some inevitable contradiction between this new marriage law which is divorced from reality and heavily drawing on letter from western law and the slowly improved marriage customs and habits in society.Starting from the contempt for marriage customs and habits in the current marriage law of our country, the paper analyzes the causes for the conflicts between marriage customs and habits and marriage law. The author expect that the future development of marriage legislation will be more scientific, more reasonable and fully reflect humane care.And it can guarantee marriage which is the basic organization forms of human life and realize harmonious and healthy development of the whole society.