| Marriage is a special legal relationship formed voluntarily based on the feelings of men and women.Both parties have various corresponding material conditions and spiritual needs to maintain a relatively stable marital state.In China,freedom of marriage is a basic national policy.The essence of divorce freedom is the autonomy of both husband and wife to divorce.Both parties voluntarily end the marriage relationship and freely control whether the marriage exists or not,so as to fully meet their personal rights and interests.The freedom of the subject is not absolute and needs to be limited.The restriction on the divorce freedom is the protection of the relevant subjects in the marriage relationship,the embodiment of contemporary legal theory and the need to maintain social stability.The influence of law rule and morality concept in the operation of marriage and family on the whole society has gradually increased,which has also become the key of jurisprudential theory research.The state of marriage and family is closely related to the operation of modern society,which requires more attention from the law.The Marriage and Family part of Civil Code is a legal system with Chinese characteristics,which embodies the theoretical achievements of legislation and judicial practice in the field of marriage and family for a long time in China.This is not only the legal requirement for the gradual improvement under the background of the rule of law,but also conforms to the moral standards of modern marriage and family relations in China.Sorting out and refining the legal thoughts contained in the Marriage and Family part of the Civil Code is helpful to provide a perfection of theoretical basis and development of marriage and family law.It protects the autonomy of family and marriage subject,maintains the harmonious coexistence of family and marriage,conforms to current development situation of family and marriage.The laws and regulations about divorce system in the Marriage and Family part of civil Code embody the legislative thought of the restriction of divorce freedom.Based on the perspective of jurisprudence,this paper summarizes Marriage and Family part of the divorce freedom and restrictions of the legal provisions,what will appear practical problems and how to further improve in the judicial operation.Firstly,with a view to the legal concepts of freedom and restriction of divorce,combined with its legal and social significance,this paper summarizes the necessity of restricting freedom of divorce,and refers to the restrictions on property,identity and time limit in the Marriage and Family part of the Civil Code.Secondly,the marital status affecting the marriage subject is mainly divided into three parts: property,identity and time.Integrating the legal thought contained therein will help to promote the solution of practical legal problems.Then,it analyzes the core legal principles contained in the specific legal provisions,including good faith,equal rights and personal liberty.Finally,according to the overall development of our country and the operation of marriage and family,the problems existing at the present stage are found and the corresponding feasible suggestions are put forward,which will have a far-reaching impact on the socialist construction of a law-based society and country. |
