Research On The Legal Problems Of Affinity Marriage

The marriage disputes between affinities has been involved in the laws of different countries.In different times,the laws about marriage are not always the same.Now in China,it has not been prescribed by the law of marriage.With the development of society,there is a huge change in the moral principle.The effect that solve the marriage disputes between affinities through moral adjustment is not as good as before.At the present stage,we should consider perfecting the law so that we can solve the dispute effectively by legal enforcement.Thereby,the chaotic situation of social moral standards can be eased.Build a good moral system may lead the social morality to the right direction.The first part of this article introduced a case about the marriage disputes between lineal affinities.After that is the controversial issues in marriage disputes between affinities.The second part of this article discussed the legal loophole in the contemporary marriage laws in China makes the traditional family ethics to be destroyed.And a lot of conflicts of laws appear in juridical practice.It is not only not conducive to maintain the family relationship,but also not conducive to the stability of social order.The blank of the law in this area is inconsistent with the world banning trend.The third part of this article analyzed the legal issues from the ethnics,psychological and sociological point of view.And analyzed the development and changes of the marriage situation in different periods in the history of Chinese legal system.Then it tried to point out that it is reasonably and necessarily to include it in the scope of legal adjustment.In the fourth part of this article,according to the actual situation of our country,proposed legislative proposals of marriage laws.That is marriage between lineal affinities should be prohibited in principle.But when it meets the additional conditions,their marriage will be admitted.And the marriage between collateral affinities is unrestricted.