| The current Civil Code of China is a normative guide to the specific lives of our citizens today,a summary of the outstanding achievements of China’s modernization drive over the past few decades,and it also inherits the traditional and excellent legal culture of our country,which has a long history.Especially in the Marriage and Family Code of the Civil Code,there is more embodiment of the inheritance of family virtues and the spirit of traditional law in traditional excellent legal culture.However,in terms of the specific provisions of the Marriage and Family Code,there is no clear provision for the traditional legal spirit.Mining the patriarchal ethics spirit,moral and humanistic spirit,honesty and trustworthiness spirit,and the value in the spirit of harmony in the traditional legal spirit of the Marriage and Family Code plays an important role in disseminating,applying,and abiding by the laws of the Marriage and Family Code itself,and whether the legislative provisions of the Marriage and Family Code can be applied well in the judiciary,It is related to case adjudication and social stability.After analyzing the specific provisions of China’s marriage and family code,it can be concluded that the provisions clearly reflect the spirit of respecting the elderly and cherishing the young,the spirit of harmony and friendship,the spirit of honesty and trustworthiness,and the spirit of putting people first.These provisions highlight the virtues of society and family,and the value of kinship and human relations.Exploring the spirit of marriage and family legislation is also conducive to guiding the application of justice in the judiciary.A large number of cases have also shown that the spirit of traditional law guarantees freedom of marriage and divorce,protects human rights,and maintains marital relationships in marriage and divorce;Solve family conflicts in handling family relationships,maintain stability in family relationships,and highlight the affection of parents,children,and siblings;In adoptive relationships,it plays an important role in protecting the rights of the adoptee,respecting individual wishes,maintaining the relationship between parents and children,resolving property disputes in inheritance relationships,and protecting the rights of vulnerable groups.The exploration of the legislative value and judicial application of marriage and family codes aims to better recognize these outstanding values,which is conducive to promoting and educating them to play a guiding role in the judicial process. |
