The Coordination And Fit Of Kinship Law Between The Value Orientation And System Design

In a strict sense,the topic of this paper should belong to the research category of departmental philosophy of law or departmental jurisprudence,and at the same time it is an important basic principle of kinship jurisprudence.Although the question of value is a difficult one,it cannot be evaded by legal science.The primary problem of legislation is not the formulation of legal norms,but the choice of value orientation.The establishment of any legal system is conducted under the guidance of legislative value orientation,and the relative law is no exception.The core connotation of the value orientation of the kinship law lies in the balance and choice of the legislators on the basis of political and economic interests in the legislative process of the kinship law,on the purpose or social effect they want to achieve and the conflict of the legislative value of the multiple kinship law.The value orientation of kinship law plays an important role in the legal system of kinship,which determines the rule design and system construction of the whole legal system of kinship.Looking back on the legislative process of China's kinship law,from the early days of the founding of the People's Republic of China to the early days of the reform and opening up to the marriage law,to the early years of the new century marriage law(amendment),the design of the rules of each kinship legal system all explicitly or implicitly reveals the deep connotation of the value orientation of the kinship law.In the early days after the founding of the People's Republic of China,the main task of the marriage law was to"abolish the old and establish the new".The early reform and opening up "marriage law" to consolidate and develop the socialist marriage and family system,its value orientation is mainly manifested in the continue to adhere to and promote the freedom of marriage,equality between men and women,and the protection of the legitimate rights and interests of the vulnerable group,and at the same time in the marital property relations system in the design of the value orientation is different from before a "marriage law,,the social benefit as the standard,balancing the interests of the individual,not only that,but also embodies the function of "public law,and "private law" attribute to two or morethings and insist on the value orientation of equality and justice.The marriage law(amendment)at the beginning of the new century is an amendment to the marriage law at the beginning of China*s reform and opening up.Its legislative theme focuses on solving hot and difficult problems,conforms to the needs of stabilizing marriage and family relations,and its value orientation aims to fill the legislative gap and improve the marriage and family system.Despite the current legal practice and its effect on the whole is enough to prove the value orientation of the existing relative legal system conforms to the law of social development and the reality of marriage and family life in our country,but the rapid development of economy,the changes of social ideological trend of marriage and family life in the emergence of new problems and new challenges also touch of our country's relative legal system in every "nervous,.The advanced experience of the past legislation should continue to adhere to and inheritance,but also to rectify the deviation in the past lead in the domestic field of marriage and family system value orientation,in comply with the demand of the marriage and family choose new value orientation,such as:family harmony,emphasis on humanistic care and taking family as the standard value orientation should become our country is in the process of compiling the civil code,marriage and family make up ought to choose,at the same time also should pay attention to the family trial procedure to repair the introduction of the sexual concept.The value orientation of kinship law is the ideological forerunner of the system design.Under the guidance of new value orientation,the legislative arrangement of civil code·marriage and family compilation in China should present new changes in basic principles,system design and legislative technology,so as to meet the practical needs of marriage and family in China.