A Study On The Improvement Of The Legal System Of Family Development In China

The family has both the private attribute as the place where individuals grow and live and the public attribute as the carrier of important social functions.The healthy development of the family is related to the healthy development of the country.With the transformation of social structure,the realization of internal and external functions of the family has encountered many obstacles,and family crisis has become a universal social problem in many countries.For the universal problems faced by the family,the family's own efforts alone can not be solved very well,and it is necessary to rely on the support and help of external forces.Therefore,since the twentieth century,countries around the world have generally strengthened the welfare of their families,supported the healthy development of their families,formulated a family development legal system,and implemented various forms of family development policies.According to the practice of foreign family development law,the difference between it and the marriage and family law mainly lies in: the traditional marriage and family law belongs to the category of civil law,which mainly adjusts the identity and property relationship between family members to solve the problem of the existence and extinction of family relationship,that is,whether there is any family relationship or not.The family development law mainly adjusts the social security relationship in the process of the state providing support and assistance to the family and assuming the government responsibility of family development,so as to solve the difficulties encountered in family development,namely the problem of “good or bad” family life.After decades of development,foreign family development law has formed several main types and accumulated more practical experience.In recent years,the issue of family development has also received more and more attention in China.The Party Central Committee has clearly proposed to build a family development policy system with Chinese characteristics.However,at present,there are still some outstanding problems in the implementation of relevant policies,which are mainly reflected in the lack of protection and guidance of systematic legal norms,resulting in scattered measures,vague goals,backward concepts,unclear role positioning of the government in family development and unclear responsibilities of various departments,affecting the actual effect of policies.As a major decision and deployment of the CPC central committee in the field of family development,the policy of family development with Chinese characteristics needs to be implemented within the framework of the constitution and laws on the one hand,and on the other hand,it needs to be translated into national laws for better implementation.As mentioned above,the important problem in the implementation of China's family development policy is the lack of systematic legal protection.Therefore,improving relevant legal norms from the perspective of family development has become an important basis for the smooth implementation of the policy.This paper through to analyze the existing problems in the field of family development in China,compare the current status of domestic and foreign family development policies,explain the significance of building the legal system of family development to solve the problems faced by our families.That is to say,the family development law is the legal guarantee,value program,measure guide and vane of social concept for the implementation of family development policy.At the same time,combining with the current situation of China's social development,to argument the conditions for the construction of family development law system have been available.On this basis,this paper preliminarily discusses the adjustment object,nature,basic concepts and principles of China's family development legal system,envisions the structure of China's family development legal system,and proposes to reshape the current legal norms in the field of family development in China from the perspective of family development.First,it should study and formulate the general principles of the family development law,and then takes it as the guidance to gradually form a legal system for family development in China.