Deviation,Alienation,Correction:The Legislative Value Orientation Research Of Family Law

Family Law is the sums total of legal norms that the relatives of the identity come out,change and destroy and standard the family members' status relationships,rights and obligations.Family Law's adjustment object includes relatives of personal relationships and property relationships.In our country,in addition to formulate family Law to regulate social relations between relatives,and transmit the principle of value and value pursuits that can be accepted by the society.So,the choice of legislation value orientation of family Law is very important for judging whether it is a positive law,and whether it can promote the family and the social harmony and stability.In this sense,this topic contains theoretical value and practical significance.In terms of theoretical value,the carding and research of Family Law legislative value orientation can make up for the situation that we pay not enough attention and lack of research to basic theory of Family Law.From the aspect of practical value,as we all known,the choice of legislation value orientation is the first step of a law,a correct legislative value orientation is not just about social adjustment and human behavior,and it's very important to accelerate the course of the construction of the rule of law in our country and the social harmony and stability.So we should draw enough attention to the present situation that Family Law legislative value orientation start to deviate and alienate,we need to curb the development and spread of this phenomenon,better coordinate the relationship between personal interests and the interests of the whole family,ensure the realization of family functions,and maintain the harmony,stabilization and happiness of our family,promote the social harmony,stabilization,prosperity and development.Therefore,it's very necessary to correct deviation and alienation of current Family Law's legislation value orientation.Base on the analysis of legislative value orientations of 1950 and 1980 Marriage law,it can be seen that along with the advance of our society and the deepening of reform and development,every change of Marriage Law is an inheritance and development for the last Marriage Law's legislative value orientation.Harmony,stabilization and happiness are final goals of our marriage and family.Combine with the original value pursuit of Family Law legislative value orientation,it can be seen that with the further development of market economy in our country and the rapid transformation of the society,legislation value orientation of Family Law gradually change as three judicial interpretation published,and start to deviate and alienate.In order to achieve the purpose of correction,we should not only give consideration to the interests of the individuals and groups,but also restore to pay more attention on the nature of marriage and family,completely eradicate the utilitarianism of the rules and judicialization of legislation,set up review mechanism of judicial interpretation.At the same time,strengthen the social function of Family Law,make Family Law relative independent in the civil code,to make Family Law legislation value orientation returns to the status that should to be,to make family law play a due role.