Research On The Path Of Legal Regulation Of Intimate Relationship

The intimate relation is a kind of long-term,lasting,close and strong social relation,which takes the emotional factor as the core,including the relationship between husband and wife,the relationship between parents and children,the relationship between partners,the relationship between friends,etc..Intimacy is a spontaneous outcome,and the need to belong makes it essential to build intimacy with others.The intimate relationship has the inherent restriction of moral and human feelings,its right concept is vague,the duty precedes the right,at the same time there is the power imbalance in the relationship,which is different from other social relations regulated by law to a great extent.Intimate relationship has its own value orientation and rule system,and it can achieve autonomy within certain limits.If the law intervenes rashly,it will often cause the exclusion of intimate relationship.The tension between the intimate relationship and the law is mainly manifested in the following aspects: First,the excessive control of the intimate relationship by the law leads to its impairment and inhibition;second,the intimate relationship dissolves the validity of the law to a certain extent;third,considering from the realistic level,the law of our country has "dual effect"in the process of adjusting intimate relationship.Sometimes the intensity of the involvement in the intimate relationship is too great,which in turn magnifies the intimate relationship conflict;sometimes the intensity of the intervention is too low,which weakens the intimate relationship conflict.Taken as a whole,the law does not strike the right balance in regulating intimacy.In view of the above-mentioned contradictions between the intimate relationship and the law,the regulation of the law can not be generalized,the intimate relationship should be adjusted from the value to the system to the rules.First of all,it is desirable and feasible to incorporate emotional factors into the law.In order to avoid falling into the trap of rationalism jurisprudence,we should start from human nature,embody flexible emotion in rigid law,break the inherent thinking of law can not tolerate emotion,establish a legal system that can embody the value of humanism.Second,the law should respect the autonomy of intimate relationships.Autonomy in intimate relationships is the most intimate,private and human part of a person’s life,as well as an important reflection of a person’s human dignity and self-determination.In a fundamental sense,the respect of autonomy of intimate relations is also the guarantee of individual freedom.The law should establish the boundary of autonomy of intimate relations.Finally,the law should intervene where necessary in an intimate relationship and resolve disputes therein.From the legislative point of view,the law must fully understand the complexity of the intimate relationship,perfect the deficiency of the legislation to adjust the intimate relationship,and promote the organic integration of legislation with the People’s feelings and needs;from the judicial point of view,judicial activities can achieve fairness and justice under the existing legal framework while taking reasonable considerations into account,but also in a more flexible way to respond to new social needs.In essence,the adjustment between the intimate relationship and the law is the problem of the reconciliation between the local interests of individual actors and the social public value system.In order to realize the benign interaction between law and intimate relationship,such thinking is of great significance in the context of promoting the modernization of governance system and capacity and building a socialist country ruled by law in an all-round way.