Analysis Of The Moral Discourse In Legislation And Justice Related To Marriage And Family

Marriage and family relations have strong moral and ethical color.Therefore,in the historical development of eastern and western countries,the factors of law and morality have always collided and merged in marriage and family.Although the relevant laws and regulations on marriage and family relations have been gradually perfected,moral discourse still exists in legal documents and judicial decisions.Moral discourse directly enters the legislative text as an obligation but does not have negative consequences,which makes it impossible to serve as the basis of the judicial decision.Due to the continuous development of the rule of law,the public pay more and more attention to the law.If the court is trying the case in order to win the approval of the public.If moral discourse is used as the basis of judgment,the result may be counterproductive.The judge may abuse moral discourse in the judgment because the principle and method of using moral discourse accurately is not formed in the judicial judgment.This,to some extent,undermines the authority and independence of the law.Therefore,although the public is more receptive to moral discourse in daily life,the application of moral discourse should be regulated in the course of judicial adjudication.Through sorting out,this paper analyzes the moral discourse contained in the legislation on which marriage and family disputes are based,as well as the common types of moral discourse used in the judicial decision.Finding its malpractice and correcting it can maintain the justice and authority of the law.