From Ethical Concept To Legal System: On The Loyalty Obligation Of The Marriage Law

In contemporary China,the marriage system has been gradually declining.The high divorce rate and the high celibacy rate have challenged the marriage law system as a universal social issue.The loyalty obligation that the husband and wife in our country stipulate should be faithful to each other as the maintenance The fundamental bond of the value of marriage has risked fragility and fragmentation under the background of modernity.As a result,some complicated and controversial social and legal issues have emerged.As the saying goes,"the name is not correct,then unspeakable." What is "marriage loyalty" ? In this regard,the author studies the concept of couple loyalty in Western Christian wedding ethics based on the study of conceptual history.Based on this,the author derives the legal traditions of Western marriage and family law,and analyzes various theories in the history of marriage system such as contract theory,On the basis of the theory of inheritance of property owned by Engels and Engels,this paper makes two definitions about the concept of traditional marriage loyalty: marital loyalty centered on sexual morals and marital loyalty centered on legal regulation.At the same time,there is a clear contrast between East and West in the marriage ethics and legal system in traditional Chinese society.The traditional Chinese society shows the lack of mutual loyalty between husband and wife.The relationship between family-based and male-based One-way loyalty characteristics.The dilemma of contemporary marriage system is not that the marriages have been lost as a kind of good value of human civilization.She is still in the acquisition of personal happiness,the realization of individual autonomy,the healthy breeding of children and grandchildren and the social harmony and stability Play an irreplaceable role.Dilemma,the author thinks it lies in the concept of loyalty,the concept of loyalty appeared between the entanglement of modern and traditional,the tension between law and human nature,so after the gradual eastward progress,the great background of the transformation of Chinese traditional civil law in the modern era Under the law of mutual loyalty between husband and wife and the legal issues arising therefrom,the solution to the social problems and the theoretical discussion inevitably difficult to achieve universally affirmed the basis of "human nature."Through the study of the history of the concept of marriage loyalty,this paper redefines the loyalty obligation of marriage under the modern society to overcome thelimitation of the legal regulation of private life in modern society.In the critical and constructive theoretical analysis,The idea of good legislation in the traditional legal thinking,the abandonment of Western centralism,the modern connotation of "governing the country with morals" and the suppression of the malpractice and possible crisis of disintegration of the legal system of the modern marriage and family.Therefore,the author explains the concept of marital loyalty obligations systematically,with its superior concepts as the premise,such as the equality between husband and wife,the existence of feelings and so on.Secondly,the priority position and the loyalty of marriage to individual freedom value The tension between the obligations to reconcile in order to overcome the conflict between freedom and loyalty;Finally,this article will be the specific application of marital loyalty to judicial practice in order to overcome the malpractice of marriage and family cases appeared in the pan-color.