2002Journal of Tianshui Normal UniversityRequires access

On Defects of New Marriage Law

Li Hao

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Abstract

The new marriage law has been revised based on the marriage law of 1980, as a result, it becomes more abundant and complete in content. There are improvements on the aspects of getting married, divorce, husband-wife properties and legal responsibilities, which further protects basic principles of freedom of marriage, equality of men and women etc., thus realizing the organic combination of rule by law and rule by morality. However, with the issues like concept essence of marriage, engagement, the rights of cohabit, sex violence within marriage, legal responsibility of marriage intruder, the new marriage law has no corresponding stipulations. Avoiding of above issues constitutes the defects of the new marriage law.

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What this paper is about

The new marriage law has been revised based on the marriage law of 1980, as a result, it becomes more abundant and complete in content. There are improvements on the aspects of getting married, divorce, husband-wife properties and legal responsibilities, which further protects basic principles of freedom of marriage, equality of men and women etc., thus realizing the organic combination of rule by law and rule by morality. However, with the issues like concept essence of marriage, engagement, the rights of cohabit, sex violence within marriage, legal responsibility of marriage intruder, the new marriage law has no corresponding stipulations. Avoiding of above issues constitutes the defects of the new marriage law.

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Available abstract

The new marriage law has been revised based on the marriage law of 1980, as a result, it becomes more abundant and complete in content. There are improvements on the aspects of getting married, divorce, husband-wife properties and legal responsibilities, which further protects basic principles of freedom of marriage, equality of men and women etc., thus realizing the organic combination of rule by law and rule by morality. However, with the issues like concept essence of marriage, engagement, the rights of cohabit, sex violence within marriage, legal responsibility of marriage intruder, the new marriage law has no corresponding stipulations. Avoiding of above issues constitutes the defects of the new marriage law.

Key concepts: Marriage law, Wife, Law, Morality, Family law, Sociology, Political science

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