Reflection And Reconstruction Of China’s The Relatives On Marriage Ban System

There are two main purposes to establish the relatives on marriage ban system:eugenics in biology and maintain the ethical order in sociology.By examining the historical evolution of the marriage prohibition system and comparing foreign legal regulations,it is easily to realize that prohibit the marriage of relatives within a certain range is a common practice in the world.Eugenics and maintaining ethical order supports the construction of the relatives on marriage ban system,and correspondingly,the ethical and moral norms and the theory of eugenics are the validity and rationality basis for the existence of the marriage prohibition system.The relatives on marriage ban system,which was originally formulated based on the principle of “Being Rough rather than Detailed”,has inherent shortcomings.With the development and changes of society and various ideological concepts impact,relevant regulations received more and more challenges,and inevitably shaking its logical premise and theoretical basis.At the same time,it also exposes the limitations of the current relatives on marriage ban system,which hinders the resolution of certain practical problems.The legislative gaps related to the elimination of in-laws,the prohibition of marriage by direct relatives,and the proposed prohibition of marriage by blood have resulted in the failure to achieve the legislative purpose of maintaining ethical order.In addition,the prohibition of marriage placed under the system of the Civil Code of the People’s Republic of China-Marriage and Family Code,should implement the principle of freedom of marriage.However,in the system of marriage prohibition,the legislative gap on whether to prohibit the creation of collateral blood relatives makes the principle of freedom of marriage can’t completely cover the group.Moreover,with the changes of ethical reality,marriage rights and reproductive rights are divided into two independent rights.In this context,prohibiting the marriage of non reproductive cousins also appears to lack of humanistic care,and the freedom of marriage for such groups could not be fully guaranteed.In the current marriage prohibition system in China,various problems arise from two sources: one is the tailoring of ethical order by the principle of autonomy in private law,and the other is the suppression of marriage freedom by eugenics.To solve the problems,the legislative purpose of maintaining ethical order should be better achieve,fully and reasonably protect citizens’ freedom of marriage,and seek a good balance between the two,thereby accurately grasping the order and freedom values of law.Through sufficient legal analysis and argumentation,we can draw a path of action to improve the system of prohibiting marriage and relatives in China.Firstly,in principle,marriage and relatives should be eliminated along with the elimination of marriage;Secondly,in principle,it is prohibited to marry lineal relatives in marriage.If lineal relatives in marriage have not given birth to lineal relatives in marriage and the woman is not in pregnancy,lineal relatives in marriage can be allowed after the marriage relationship is terminated;Thirdly,marriage is prohibited for proposed direct relatives by blood,except for those who,after the dissolution of the adoptive relationship,have not given birth to their natural direct relatives by blood and the female is not in pregnancy;Besides,there are no restrictions on the proposed marriage of collateral relatives by blood;Finally,conditional permission is granted to non reproductive cousins to marry.