Some Analysis About Marriage Law Judicial Explanation

The subject of the modern law is a written law, and the application of written law depends on judicial explanation. The marriage relation is one of the basic structures of the society, and stability and sound development of a family concerns the stability and development of the society. The legal adjustment of marriage relation relates to the vital interests and the social public interests of huge numbers of every family. Because of marriage laws too principle stipulation, the judicial interpretation of marriage means great to application of law of marriage. This article analyzes the source of the judicial interpretation right of the Supreme People's Court firstly, and proves the legitimacy of judicial explanation of marriage law, combining content and formulation of judicial explanation of marriage law. It concludes that the marriage law judicial explanation is legal and proper from its formulation main body, the procedure, and the content. The second part analyzes and explains the main content of judicial explanation of marriage law, and describes the marriage law current to our country and basic content of marriage law judicial explanation. The third part proves that judicial explanation of marriage law is important meaning and playing an enormous role in practice, combining the pointed proving of embodiment. The judicial explanation of marriage law is to defining the demarcation line of the marriage law, filling in the blank of the marriage law, remedying the legal loophole and it means great to completion and developing of the marriage law. Part four analyzes the problem of judicial explanation of marriage law from the formulation subject, making angles such as the procedure, making the content. It needs further strengthening the position of the marriage law in implementing the marriage law of judicial explanation, and render a service grade judicial explanation in marriage law to define judicial explanation, and clear up and relieve the defect of judicial explanation with establishing disclosing and explaining principle. The end of article is a conclusion, the implementation of the marriage law depends on the judicial explanation of the marriage law, the constant completion of judicial explanation of the marriage law will promote the development of marriage law of our country greatly, promote the construction of the harmonious and happy marriage family relationship greatly.