Constitutional Analysis Of The Prohibition On The Marriage Of People With Disease In China

Article 49 of the Constitution prohibits the violation of the freedom of marriage,thereby clarifying the constitutional protection of Citizens’ freedom of marriage.However,the article7 of the Marriage law,which stipulates that " disease which is medically considered not to be married",has challenged the freedom of marriage in the Constitution.Therefore,the author thinks it’s necessary to make a comprehensive analysis of the provision in the Marriage law from the perspective of the Constitution and practice.Based on the provision of the Marriage law as the research point and the foothold,fully using the method of normative analysis,comparative analysis mainly from the angle of the Constitution banned marriage "disease" form and substantial analysis,so as to clear now the law as well as the people in the pursuit of freedom of marriage.This paper is divided into three parts to "define the problem--analyze the problem--solve the problem".The first part is to comb through the laws of the prohibition of marriage.Through the calendar year marriage law banned marriage "disease" specific provision,the range of diseases,comb,such as the standard,the practice of the known law more hasten is flexible,pay more attention to the parties to a marriage to marry,the concrete practice of legislation."the prohibition on the marriage of people with disease" rules is involving so many constitutional multiple terms,especially form of the Constitution in section 4 of article 49 the limitation of "ban destroy the freedom of marriage",its limitation is reasonable and legitimate,in this paper,we research the problem.The second part is the normative analysis of the "prohibition of the violation of the freedom of marriage" clause in the constitutional text.Fully using the method of historical analysis,text analysis,and based on theory of the German institutional guarantee,"do not destroy the freedom of marriage" terms and conditions on the nature of the deep analysis of marriage since due to the regulation of the Constitution text is belong to the terms of the citizen’s basic rights,namely of the citizens’ rights to freedom of marriage shall be protected by the Constitution.The third part is to argue that the " the prohibition on the marriage of people with disease" section is unconstitutional.Argument,has been clear about the Constitution,of reasonable limits of the freedom and rights,and focus on learning review step from Germany,of basic rights,according to the model of three phase review discusses the regulation involves the freedom of marriage,find out the part was unconstitutional.Not only is to keep in form combined with the legal principle analysis of the constitutionality of the scope of authorization,more essentially proportional principle analysis of the regulation is not completely constitute a restriction on the freedom of marriage is reasonable,and concluded "disease no wedding part,unconstitutional" conclusions and views to the revised regulations.