The Individual Freedom In Marriage And Family

As one of the most important laws adjusting the marriage and family, the marriage family law not only influences the family and society profoundly, but also the law relates all the individules benefit. In marriage and family the changes of individual status have reflected in the marriage family law and related systems clearly. Therefore, though the jurisprudential value analysis on the related marriage laws, aduj sting individuals and marriage family relationships, we could have a good knowledge on the relationship of individual and family, and the roles of modern individual freedom value playing in the marriage and family. The traditional marriage family attachs importance to the family group benefit, otherwise, ignore the indivudual choice and freedom.After the birth of New China, the new Matrimonial Law changed the traditional marriage and family concepts. Though Marx criticized the individualism in the field of economy and politics, he emphasized the individual freedom on marriage. As a consequence, the marriage family legislation got rid of the tradition further completely in the Socialist Counteies, then established the marriage value concept reflecting individual freedom. Afterwards the spirit of modern rule of law, which ensures the individual freedom, has reflected in the legislation and implement of the Matrimonial Law. Compared with the ancient family constraining the individuals, the modern marriage family put great emphasis on the protecting of individual benefits and freedom. In theory of the marriage family law the transition expresses the establishment and development of new value concept, and positively the regulatory formulation of the marriage family law. In accordance with the tradition of the civil-law system, our country has established the value of individual freedom in marriage family and the principles of the freedom of marriage and gender equality. However, the eccessive emphasis on the meaning of the individuals freedom in marriage family, even the abused individual rights, brings about the mass family breaks, influences the family and society stability and harms the family members benefits, especially the children’s. The abuse of individual rights, the neglect of ethics and identity, and the ignoring of individual family duty have become one of the serious practical problems in our society. Therefore, it is an important question to coordinate the individual freedom and moral responsibility, as well as construct the harmonious modern marriage family.