The Current Civil Judgments In China Research On Family Concep

Marriage is a bridge connecting family members,and the family formed by marriage is the most basic cell for the construction of society,so marriage and family law is the guarantee of family.The change of marriage and family not only concerns the interests of individuals,but also affects the interests of social groups.From the first "marriage law" to the current "marriage law","marriage law judicial interpretation of one,two,three" and related issues of the separate provisions,like a mirror reflects the change in the concept of marriage and family.In the face of the social phenomena of family disputes such as "quick marriage","no support for the old" and "domestic violence" which frequently appear in contemporary society,the marriage and family law,as the main adjustment of marriage and family relationship,gradually shows some defects.The author selects the civil judgment books from 2014 to 2019,adopts the research path of "one clue and two perspectives",tastes the contemporary Chinese concept of marriage and family,and studies the concept of family from the two perspectives of the parties and the court.The civil cases involving family disputes from 2014 to 2019 are classified into four types of disputes and their corresponding four types of litigation.315 judgments were selected as the creation materials of this article to sort out the attitudes and understanding of the parties and judges in different types of disputes on the same plot,and the contents of this part were respectively arranged in the first chapter and the second chapter for analysis.The author in the last chapter,the concept of marriage and family in our country and the changes of marriage and family law department,summed up the current problems of marriage and family law in our country and put forward the solution,the perfect marriage save mechanism,increasing government after marriage guidance services,to impose mediation efforts,set up the divorce a cooling-off period;Second,to supplement the legal conditions of divorce,the subjective thoughts of the parties involved in the divorce should be considered while judging the breakup of the relationship.Third,to strengthen the subjectivity of minors in the marriage and family law,and to take into account the characteristics of children’s psychological development and special circumstances when determining the ownership of custody right,and to stipulate the right of children’s visit;Fourth,improve the legal environment to support the elderly,the spiritual support specific.So far in the civilized society,the concept of marriage and family has been constantly growing,but now the concept of marriage and family has been different from the traditional family concept.From the judgment,it can be seen that contemporary people have changed the family concept of "family as the core" in the past,and have shown more pursuit of personal freedom.Contemporary Chinese attitudes towards family should be a kind of traditional family values and a combination of modern individualism value with "Chinese" new family values,the requirements to member of the family responsibility,but not approved for the family to sacrifice personal interests,family happiness is just a part of the value realization.The marriage and family law should also coordinate with the new concept of marriage and family to provide legal guarantee for family happiness and stability and social harmony and tranquility.