| The family is a cell of the society, and marriage is a mirror of the time. In fact, the history of marriage and family is the epitome of a society and an era. The Marriage Law is used to record the changes of Marriage and Family System.The legal regulation of marriage and family relationship concerns all aspects and social public interests. Except the Marriage Law, there is no any law whose revision can attract the attention of millions of people and produce such different opinions. The reasons for this phenomena lie not only in the affinity between the Marriage Law and living quality of millions of families, each citizen’s basic human rights, but also in the function of Marriage Law as the barometer reflecting the changes of the time and the evolution of social culture.It is because of such a close relationship between the Marriage Law and Marriage and Family that the author integrates the two for research and systematically examines the changes of the marriage laws from the founding of PRC. By Aanalyzing the interaction between the Marriage Law and marriage and family, the thesis aims to reveal the content and characteristics of the changes of the marriage law and the social changes reflected in order to lay a theoretical basis for making the marriage law that adapts to the new situation in the field of marriage and family with better combination of the current marriage and family status in China. Because contemporary Chinese Marriage Law involves all aspects of marriage and family, marriage and family problems are more diverse, more complex. The thesis seizes the main problem, regards three changes to the Marriage Law since1950as research context, combines with the social background of the various periods of phases, and selects those issues for a thorough study from each phase that have a major impact on marriage and family.This thesis adopts the history, law and sociology research methods. With Marriage Law and marriage and family in contemporary china as a major focus, the author refers to a lot of relevant information. Through the investigating and combing of contemporary China Marriage Law and marriage and family, the author, emphasizing the combination of theory and practice, makes a more in-depth exploration of the absence of the current system, in order to provide the basis for improving China Marriage Law and promoting the sound development of marriage and family system.Firstly, the Marriage Law and Marriage and Family are defined. Then the article conducts a systematic review of the history of the evolution of China Family Law. The article describes the overall framework of the different historical stages, which includes the emergence and development of the legal system of marriage and family in China, the ccontemporary changes of Chinese Family Law and the new China Family Law. The purpose is for understanding the historical development of Chinese Marriage Law and marriage and family, and providing a basis for the comparison of the legal system of ancient and modern marriage and family. Then turning to the contemporary Chinese Family Law, the thesis, following the research thread of two Marriage Laws and an amendment made after the foundation of the PRC, describes the evolution of contemporary Chinese Marriage Law, inserted with the hot issues of the different historical periods in the field of marriage and family and the interaction of those issues with marriage law, with special emphasis on the historical merits and shortcomings of several of the Marriage Laws. After that, starting from the focal issues in the current marriage and family, the thesis enumerates some typical ones and makes an analysis of the causes of the problem, by combining theory with practice. The defects of the existing system are probed thoroughly and the legal advice of solving problems is offered. Finally, the thesis describes the idealistic relations of Marriage Law and Marriage and Family from three aspects—what marriage is, the ideal gender equality in marriage patterns and the role of law. |
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