Research On The Problem Of Lineal Affinity Marriage Forbidden

Lineal affinity marriage is no corresponding provisions in China’s "marriage law". Inaccordance with the "law does not prohibit the free" principle, lineal affinity marriage is alegal act. However, this behavior is clearly illegal in our public morality, and it is a kind ofimmoral behavior. The “legal but not moral" behavior is belonging to the moral category, butwith the development of society, the Western individualism, liberalism invasion, changed ourtraditional moral values. So the function of that the morality relies on the power of socialmedia constraint citizenship behavior is also greatly reduced. In the face of difficulties which" lineal affinity marriage problem" should be adjusted to the moral, but morality without theability to adjust, whether we should use legal means to resolve the issues which originallybelonging to the scope of moral, liberalism and legal moralism had differences. This thesisargues that China in the transition period need law on moral force, so as to solve thephenomena of moral confusion, and establish the correct core moral system, so that thedevelopment of social morality is heading in the right direction.This paper mainly introduces the case of "59year old father-in-law married33year olddaughter-in-law”, and thus leads to the issues of lineal affinity marriage which is discussed inthis thesis. It also introduces the research methods and research purposes and so. Apart fromthe introduction and conclusion, this article is divided into three parts:In the first part of this paper the basic concept of the marriage problems involved areintroduced. It is good at understanding the basic concepts for the discussion of the article.Because “lineal affinity marriage “itself is an issue on marriage law.The second part of this article is researching "lineal affinity marriage" problem from theperspective of jurisprudence. Firstly, lineal affinity marriage is legitimate unethical behaviorthrough the legal and moral evaluation. Then analyzes that the behavior led to the dilemma,which leads to the problems that the law can be forced to moral, and thus trigger theliberalism and legal moralism debate. Finally this paper think our country should take theLegal Moralism ideas in such serious situation of moral decline, lineal affinity marriageshould put into the scope of the law.The third part of this paper, the Legal Moralism ideas are specified in the "marriage law", according to legal analysis being combined with practice. According to compared with thelaw of abroad, we put forward related suggestions of legislation.