The Research On Legislative Principle Of Marriage Qualification

The research on the legislative principle is helpful to better guide the specificsystem regulation and implementation. The legislative principles of the marriagequalifications are the leading factors which the legislator must take into account whenregulating the specific provisions. With the guidance of equality,freedom,humanitarian and the constraint of the modesty and prudence of thelegislation,lawmakers can make better regulations to safeguard people’s right tomarried, which is of great significance to maintain social and family order. Thisresearch comes from reality, and ultimately must back to reality. The family is thebasic unit of the society, marriage is the foundation of a family. Since the ancienttimes has been the marriage in the human society. The21st century of the modernsociety, more and more people pursue right, equality and freedom. Many modernmarriage ideas,like the freedom of marriage and equality of men and women, haveenjoyed popular support. Gay marriage problems appeared gradually，and theybegin to seek the protection of the law. What’s more, the law forbids some peopleattacked by certain disease and within three generations of collateral blood relativesgetting married, which are met by the challenge from the society. So we must considerthe current law is not good enough to realize the equality, freedom, and humanitarianprinciples. At present,the lack of study on the the legislative principle make the taskmore urgent.In order to ensure people’s rights and promote the harmoniousdevelopment of society,this article analyses the legislative principles of the modernmarriage qualifications on the basis of the comparison analysis and value analysis toimprove our country’s relative legal provisions.This article consists of four chapters, accounting about25thousand Chinesecharacters.ChapterⅠis the significance of the research of legislative principles, whichmainly introduces the position and role of the legislative principles. The advancedlegislative principles is of great guiding significance to the regulation, so the principle is also important and cannot be neglected.Chapter Ⅱ is Basic Theories, which firstly illustrates the meaning of thelegislative principles and the legislative principles of the marriage qualifications, andthen distinguish the basic system get used to called basic principle and the marriagequalifications legislative principles. Finally, clarifies the research object, and pointsout that the modern legislative principles of the marriage qualifications mainlyinclude the equality, freedom, and humanitarian.Chapter Ⅲ is the legislative principles of the marriage qualifications, which arethe most part of this article. In this part, this article focuses on the legislativeprinciples of the marriage qualifications—the connotation of equality, freedom, andthe humanitarian. The first is the principle of equality, the author deeply analyses theconnotation of equality and tries to seek the legitimacy of this equality, and then makethe further analysis of the law.Then analyses the principles of freedom andhumanitarian complyed with the above ideas. At last, Foreign regulations providea reference for putting forward a new concept-the Modesty and prudence ofLegislation. This concept can be found in the German civil law, which is designed tolimit the power of the lawmakers and ensure the marriage right. For this reason,lawmakers should also follow this principle to make laws, or they should be subject tothe constraints of modesty and prudence of Legislation.Chapter Ⅳ is how to realize the principles. Principles should serve rules.Thispart comes back to the reality, and sets a objective value on the existing provisions.Under the guidance of the modern principles, the author puts forward somelegislative proposals combining related legislations from foreign countries and thepresent situation in our country to improve the future legislation.