Marriage under Relations Contract:An Reflection and Breakthrough of Traditional Marriage Contract

The marital relations theory reflects marital consciousness and marital viewpoint,which combines the observation and our pondering of marital culture.Therefore,the marital relations theory always becomes the substantive foundation of marriage system.In this article,the author introduces relations contract theory to marriage law.Under relational contract theory,we should put the social norm and the legal standard in the same connection,handle the process of the marital litigant's opposition and unification,coordinates the litigant individual autonomy with the state intervention correctly.Besides,through the design of our legal system,we can distribute the marriage's benefit rationally,prevent unequal in divorce,punish the marriage opportunism behavior,encourage the litigant to have a long-term investment and reciprocal benefit sharing,and finally realize the freedom of marriage and justice.