Research On Legal Issues Of Marriage Prohibition Conditions

With the development of society and the improvement of civilization,people's ideological concepts have also undergone tremendous changes.The people-oriented concept of marriage has become more and more popular among people,resulting in the impact on traditional concepts of marriage with the main purpose of birth and satisfaction of sexual needs.This reality has prompted people to reflect on the provisions of the“Marriage Law”prohibition of marriage conditions in China.This article is based on the perspective of the ban on marriage conditions legislation must reflect the humanistic care,in line with the purpose of marriage and strong ethical characteristics of the perspective,divided into four parts to discuss the proposition.The first part is about the basic theory of the conditions for the prohibition of marriage.It is pointed out that the condition of banned marriage is the existence of legal requirements for marital obstacles and does not meet the necessary requirements for marriage,thus prohibiting the legal system for the parties to get married,and generally includes prohibiting close relatives from getting married and prohibiting people from having certain diseases from getting married;The theoretical basis of the banned marriage condition is because it is justified,normative,eugenic,and ethical.The reason why this proposition is put forward is because with the development of society,the change of marriage and ethics,marriage and birth are not necessarily linked etc.The legislative provisions concerning the conditions for the prohibition of marriage are not well adapted to the needs of the current society and even violate the rights of citizens.The second part of the legislation of the prohibition of marriage conditions in China and its analysis.Firstly,it is pointed out that thescope of the prohibition of marriage in China's ban on marriage conditions is unclear.The law only stipulates the prohibition of kinship to blood of close relatives within three generations of direct blood,but there is no explicit provision on the marriage between the pro fraternal and in-laws.The resolution of such issues in practice cannot be followed.Ignoring the ethical nature of marriage,marriage to close relatives must not only consider the issue of eugenics,but also consider social ethical and moral constraints;ignoring the independence of marriage and fertility itself,that is,birth does not necessarily depend on marriage.Secondly,focusing on the scope of China's bans on marriages about relatives(including Prohibition of direct and interfacial pro-gamy,pro-parent marriage,direct in-law marriage),legal basis and legislative deficiencies for the diseases of forbidden marriage,restrictions on the right to marriage and childbirth,the purpose of the marriage and the regulations on the conditions of the banned marriage are analyzed etc.Finally,it is pointed out that the law is necessary for the ban on the scope of banned marriages,and it is feasible to lift the ban on marital diseases,as well as clarifying that marriage is not a necessary prerequisite for fertility.The provisions in the legislation regarding the conditions for the prohibition of marriage should be amended in time with the development of the eras.The third part is the legislation and regulations for the extra-territorial prohibition of marriage conditions.First of all,we will sort out relevant laws and regulations relating to Blood banned marriage,in-laws banned marriage,pro-blood pro-ban marriage,disease banned marriage in major civil law countries such as France,Germany,Switzerland,Italy,Japan and Hong Kong,Macao,and Taiwan of China.Secondly,through the comparison of legislation on prohibition of marriage conditions between the domestic and external,there are two points in our legislation that can be used for reference:First,there are detailed explanations in the legislative provisions on the reasons for prohibiting close relatives from getting married;second,the regulations on the scope of prohibited marriages are more detailed and clear than our country.Fourth part is to improve the legislative assumption of China's ban on marriage conditions.First of all,to establish the legislative concept of China's prohibition of marriage conditions,that is,the impact of changes in the concept of marriage on the purpose of marriage,there should be legislative concepts of marriage conditions in accordance with the conditions of marriage;due to the requirements of contemporary marriage values and the culture of infertility and elderly marriage existence should have the legislativeconcept of separation of marital and reproductive rights.Secondly,legislative amendments to the scope of bans on relatives' marriage should add legislative provisions on the prohibiting marriage of direct-blood affinity and close-grabbing in-laws.It should not be prohibited the marriage of collateral series.It is possible to lift the prohibition of siblings' marriage.Lastly,the legislative amendments to the scope of the prohibition of disease marriages.That is to say,the enumeration and generalization mode should be adopted for the scope of the prohibition of disease marriages.It is to treat certain diseases as legally invalid or revoked statutory circumstances or as a statutory reason for a lawsuit to divorce so that it can coordinate the legislative conflicts on the prohibition of disease marriages.