The Value Of Social Justice Of Marriage Law

Justice is the eternal pursue of human, is the life of law. Marriage law is the floorboard of the legal norms which adjustment the relations in marriage and family, is the national important legal department. Marriage law as the law in relation to the interests of thousands of households, it is bound to reflect the value of social justice, and only embody the value of social justice can be well implemented, as Rawls said in "Theory of Justice ":"the institution of marriage has its special value pursuit, which is justice". As a result, the institutions of marriage have to accept the value of social justice considerations. This paper examines the marriage law in our country from the angle of the value of social justice, the purpose is to make people more alert and rationally think about our marriage, enable people to live in this family environment:democracy and equality, conjugal love of husband and wife, the father is affectionate and the son is dutiful, enjoy the family harmony and warmth, promote the development of civilization of the society. The full-text is divided into three parts: introduction, text and epilogue.The first part is the basic theory of social justice value of marriage law. This part first discusses the basic theory of marriage and family, including the connotation of marriage and family, the nature of marriage and the function of marriage and family. Freedom, equality, justice is the essential connotation of marriage o in essence marriage is a contract. Marriage is the foundation of the family, the family is the basic unit of society, marriage and family played a significant role in human life and social development; Secondly explains the value of social justice of marriage law, starting from analyses the concept of value in marriage law then to the concept of social justice value in marriage law; Finally analyzes the dialectical relationship between the value of freedom and social justice in marriage law. The value of freedom is one connotation of the social justice value, the value of social justice has priority over the value of freedom, the ultimate value of marriage law is to realize social justice. The second part is the concrete connotation of the value of social justice in modern marriage law. The value of social justice in modern marriage law is mainly manifested in the following three aspects:Firstly, the marriage law provisions monogamy and faithful duty of husband and wife, in order to maintain the ethics of marriage and family; Secondly, the marriage law to safeguard the freedom of marriage, including the freedom to marriage and divorce, the two together constitute the complete contents of the freedom of marriage, the lack of one cannot do; Finally, should balance the interests of all parties in the process of distribution of rights and obligations between family members, maintain the rights and interests of vulnerable groups in the marriage and family, including maintain the rights and interests of women, maintain the rights and interests of minor children, maintain the rights and interests of the elderly. This is the only way to move towards substantive equality, is a necessary condition for building a harmonious marriage and family relations, is an inevitable requirement to realize the value of social justice of marriage law.The third part is the deficiency and perfection of the marriage law in our country under the vision of social justice. This section on the one hand from the marital property system, divorce relief system, minor children relief system and divorce standard four social justice perspective pointed out our the specific problems in China’s marriage law; on the other hand proposed Suggestions of perfecting our country’s marriage law based on critically absorb foreign experience in legislation and the analysis of the specific problems that exist in our country’s marriage law under the vision of social justice, In order to realize the social justice value of the marriage law, the marriage law of our country must perfect the marital property system, divorce relief system, minor children relief system and divorce standard.In short this paper based on the basic theory of the value of social justice in marriage law, pointing out that the specific connotation of the value of social justice in contemporary marriage law, explaining the problems existed in our country marriage law and make suggestions to perfect our country marriage law, combing the context of the marriage law system from a new perspective.