The Study On The Protection Of The Rights And Interests Of The Weak In China’s Marriage And Family Law

The new humanism philosophy perspective, the marriage and family law of our country rights and interests of the weak were philosophy of law analysis, in order to make the research on marriage and family law does not stay in legal interpretation and design of the system, and then deeply to analysis of marriage and family rights and interests of the weak protection of the legal basis and value concept, the marriage and family law research toward the depth direction, eventually under the guidance of the new humanism philosophy, improve China’s marriage and family law system,in order to achieve the ultimate value goal of the protection of marriage and family rights and interests of the weak.The author tries to jump out of the traditional marriage and family law pays more attention to the study of law interpretation and the specific design of the system, get out of the vicious circle of marriage and family law of being marginalized, and unified the new humanism philosophy to guide and perfect our country’s legal system of marriage and family, for our series of compiling civil code do the necessary preparations, the ultimate goal of this research is also in line with when the values of the written civil code required by the regression of human care. In addition, China’s marriage and family law philosophy research is still in the embryonic stage, through this study,hope to promote China’s marriage and family law philosophy of a modest contribution to the force.This thesis consists of introduction, text and conclusion three parts. The introduction briefly introduces the the writing purpose and research status at home and abroad. The conclusion is the text were briefly abstracts. The text is divided into three parts, the specific contents are summarized as follows:The first part: protection of the rights and interests of the weak and the new humanism of marriage and family law. Because of the social vulnerable groups from all walks of life to the attention of academic circles gradually improve, call for the weak and the definition is different, based on the field of marriage and family, the disadvantaged groups in the legal relationship of marriage and family, known as the "weak" and, the weak on marriage and family to the definition of its character; introduces three theoretical basis of marriage and family law to protect the rights and interests of the weak and the weak; marriage and family rights protection two realistic basis. Then, introduces the concept of the new humanism, including its definition and its difference from the analysis of related concepts; new humanism between civil law and marriage law; finally, discusses the transformation of new humanism philosophy on marriage and family law research idea and pattern of influence.The second part: China’s law of marriage and family rights and interests of the weak protection of new humanism philosophy. Discusses the with human as the center and the protection of the weak to the new humanism philosophy, points out the defects in the current marriage law of our country property to a constant weight for lack of the concept of the center, and to carry out equality legislation idea, and prove that new humanism of human centered, protect the weak concept is more conducive to the rights and interests of the protection of marriage and family to the weak.The third part: marriage and family law of our country to protect the rights and interests of the weak new humanism path. The last chapter to implement China’s current marriage and family law system, with the ideas of New Humanism Perspective, analysis of shortage in China’s marriage and family law of marriage and family, protection of the weak, and puts forward some improvement suggestions of new humanism.