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Laws And Regulations Towards "In-laws Marriage"

Posted on:2015-01-18Degree:MasterType:Thesis
Country:ChinaCandidate:L ZengFull Text:PDF
GTID:2296330422983644Subject:Legal theory
Abstract/Summary:PDF Full Text Request
In-laws between a combination of in human history for a long time. In ancientChina there after the wedding, early have marry widowed sister-in-law systemabroad, and other types of in-laws marriage form. In-laws are stipulated in marriagelaw in many countries and involved, different time, different countries, theprovisions of in-laws marriage is endless also and same, but most countries are doneto in-laws marriage must be within the scope of the prohibition. Since the "marriagelaw" promulgated in2001in China, about whether to ban certain shall be within thescope of certain terms in-laws marriage law has been controversial, but until July4,2011by the supreme people’s court trial committee through the1525th meeting ofthe supreme people’s court about the applicable <marriage law of the People’sRepublic of China>(3)"the explanation of some issues, the issue is stillinconclusive. Because there is no "marriage law" regulation, mother-in-law to marryson-in-law, such as the combination of step-parents and step-children indecent thingin modern society is also emerge in endlessly. Therefore, the purpose of writing thisarticle is to get the legal regulating of the in-laws marriage in a certain range.The article is divided into four chapters is discussed. The first chapter is anoverview of in-laws marriage legal issues. First in case of the European court ofhuman rights ruling about in-laws marriage cases, lead to this article to discussproblems, namely about in-laws, the legal effect of marriage, whether for its approvalor due to invalid. And from all the angles of affection, opinion and method to makecomprehensive consideration, so as to come to the conclusion that this problem, thatour country should explicitly banned parts within the scope of the in-laws marriage.The second chapter is the history of the in-laws marriage law system and therelated basis. The first is the human history of in-laws brief introduction of themarriage. In-laws, the marriage is divided into two parts in the history of mankind, theearly human society in-laws marriage and about in-laws the provisions of themarriage law in modern times. And then to the in-laws and system on the basis of thetheoretical basis of the legal system of marriage illustrates respectively, theoreticalbasis is divided into ethics basis, psychology and sociology based on three aspects, the basis system is divided into marriage rules and the social principle disgracefulconsideration two aspects.The third chapter of "marriage" in the lack of laws concerning marriage andperfect the legal system. The first is the marriage of specific legal provisions formarriage to describe, and then made its inadequate, pointing out missing our marriagemarriage legal system brings all the disadvantages.The fourth chapter is to improve the legal system of marriage marriage proposalthat expressly prohibits direct and immediate affinity with affinity triggered fictionlineal marriage, even lifting affinity nor married.This article will focus on problem is in-laws marriage legal determination andthe in-laws the shortcomings of the lack of legal system. In-laws for the marriagelegal issues research in general is more comprehensive than domestic research abroadand deeper. Abroad not only about banning in-laws marriage reason explanation andresearch, but also for the provisions of the scope of marriage than domestic detailed.And for these problems in our country there is no clear rules and conclusions. Thisarticle through to the in-laws marriage legal system are described in detail, and theChinese and foreign comparison investigation about in-laws marriage law, points outthe insufficiencies of in-laws marriage legal system in China and puts forwardSuggestions on the perfection of Chinese marriage legislation.
Keywords/Search Tags:In-laws, in-laws, marriage ethics, good public order
PDF Full Text Request
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