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Comparitive Study On Several Legal Systems Of Chinese And Mongolian Marriage Laws

Posted on:2022-06-04Degree:MasterType:Thesis
Institution:UniversityCandidate:AVARGASAIKHANFull Text:PDF
GTID:2506306536986699Subject:Science of Law
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China and Mongolia are adjacent to each other geographically,and both have extremely long histories.In recent years,with the continuous strengthening of Sino-Mongolian exchanges,the political,economic,cultural,technological,and educational relations between the two countries have developed rapidly.People come to China to learn China’s excellent culture and advanced system,learning China’s legal culture and legal system.For a country,the marriage and family law is one of the most important contents in a legal system,and whether the marriage relationship is good is also one of the important prerequisites for social stability and steady development.This thesis studies the marriage laws of China and Mongolia in a comparative way,and compares the related systems of the marriage laws of the two countries horizontally,in order to learn from each other the relevant successful experience of the marriage laws and promote the actual development of the marriage laws of the two countries.The article focuses on the marriage and family compilations of China’s newly promulgated "Civil Code",supplemented by "Marriage Law" and "General Principles of Civil Law".It conducts a detailed comparative study on the content of the "Marriage Law" and "Civil Law" of China and Mongolia,discusses the differences and similarities in the provisions of the marriage law of each country,and analyze the reasons.On the premise of expounding the basic clauses of the marriage laws of the two countries,the article first made a comparative study on the freedom of marriage.The marriage and family edition of the Chinese Civil Code includes the basis of monogamy and protection of women’s legitimate rights and interests.However,from the perspective of Mongolia,the Mongolian Marriage Law does not mention the principles of equality between men and women and protection of the legitimate rights and interests of the elderly.Next,this article makes a comparative study of the differences and similarities between the two countries and marriage-related laws from the content related to the conclusion of marriage,invalidation of marriage and divorce.The differences are mainly reflected in the legal age of marriage,divorce,etc.;and then in the family.From the perspective of family relations,family asset relations and other aspects,the differences and similarities between the two countries are studied.The differences are mainly reflected in the provisions of guardianship,rights and obligations.Finally,the article discusses the marriage laws of the two countries.Comparative studies on legal liability and relief methods are carried out.The differences are mainly reflected in the judgment of domestic violence and the handling of multiple parties.From the perspective of marriage law,the differences between the legal systems of the two countries are mainly due to historical reasons,ethnic customs,gender composition and other aspects.
Keywords/Search Tags:Mongolian Marriage Law, Civil Code, Chinese Marriage Law, Basic Principles, Marriage Relations, Family Relations, Legal Responsibilities
PDF Full Text Request
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