Deficiency And Perfection Of The Legislation And Practice Of China’s "Marriage Law"

Marriage is a major event in life, the family is the cell of society, people’smarriage and family relations are one of the most important social relationship. Therelation of marriage and family stability, is the foundation of social stability. Thecorrect adjustment of the marriage and family relations, involving thousands ofhouseholds, the vital interests of the people of all ages and both sexes, developmentrelates to national prosperity, human civilization and society, an important legalmarriage law is to adjust the relation of marriage and family.The marriage legislation of our country has distinct socialist essence longrevolutionary tradition, and strong ethnic characteristics. It is formed and developedin the process of the abolition of the feudal marriage and family system, establishinga new democratic and socialist marriage and family system. May1,1950promulgated and implemented the "marriage law" is in after the founding of newChina to the first part has the nature of the basic law law. The current "marriage law"(2001Amendment) is based on the1950and1980"marriage law" on, according tothe new situation, new problems appear, practical experience and marriage and familyfield after correction, from April28,2001started the implementation of the. Therevised "marriage law" in the constitution as the basis, to strengthen the legaladjustment of the marital relationship, added some rules specific issues relating to thefield of marriage and family in personal relations and property relations, in line withChina’s national conditions, reflects the aspirations of the masses, is an importantachievement of the legal construction of our country’ Marriage Law.But with the deepening of China’s reform and opening, in the field of marriageand family appeared new changes, new problems, which led to the current marriagelaw of our country content and reality there is a fault, produced profound influenceshould not be underestimated in the judicial practice of our country. Thus, theSupreme People’s Court on the case has three times on the revision of China’s newmarriage law of2001made a judicial interpretation. After years of marriage law ofthe relevant judicial explanation and legal practice, greatly improve the marriage legal system in our country."Marriage law" the implementation involves two basic national policy of China:the two basic state policy of equality between men and women and family planning.The formulation and amendment to China’s "marriage law" is a success, but from acombination of theoretical and practical point of view, we find that the "marriagelaw" in legislation and practice are insufficient. Research from the content, it still hasmany regulations are not in place, from the system point of view, standard system ofthe marriage and family law has not yet been fully determined. This paper points outthe shortage of legislation and practice in. Puts forward how to improve how toremedy problems suggestions and practice of the law, in order to China’s "marriagelaw" and the institution of marriage amendment and perfection.