The online marriage is stabed popularly " Real couple " Plural value causes the view sudden change of the marriage

The online marriage is stabed popularly " Real couple " Plural value causes the view sudden change of the marriage
The online marriage is stabed popularly " Real couple " Plural value causes the view sudden change of the marriage
The field question of the marriage and family is that behaviors such as the sources of a lot of social concerns, extramarital affair, love of one night,etc. are striking the traditional marriage family relationship seriously, cause soaring, single-parent family children's increasing, family's violence of the divorce rate to be serious, etc The marriage and family legislate to call the return with traditional national ethics. This kind of return should do the best to improve the social soil that the marriage and family survive according to the fine tradition of Chinese nation according to panhuman common ethics " know the judicial explanation of marriage law (3) in the husband parents' property than much and so fictitious a proposition and condition of the wife parents ,And assert that will cause the inequality of the family relationship of the marriage at this point, this is social mood, and pay attention to illegally. " As to by the judicial explanation of marriage law (3) Topic that initiate, Zhejiang Province law learn Deputy Chairman ox, rise like this appraising too. Recently, learn marriage law the annual meeting and court of Linan " eye law center of it " on the fourth in 2011 years of research association in Zhejiang Province law The forum is held in Linan of Zhejiang Province, the judicial explanation of marriage law (3) The influence produced and legislative problem of marriage and family become focuses discussed. Judge and expert of Zhejiang Province think, today, the marriage different attitude taking place frequently, attachment to the family of marriage changed, should consider marriage and family legislate, should return to traditional national ethics tradition. " Jurisprudence Daily " reporter has carried on in-depth investigation for this. The statistical data reveal in the third quater of national civil administration undertaking of 2011 years when the partition Ministry of Civil Affairs under new judicial explanation announces, in three quarters before this year, 1,466,000 pairs of married couple apply for divorcing registration in the whole country, 5430 pairs of married couple divorce every day on average, increase by 12% compared with the same period of last year. "The harmonious stability of the marriage and family needs guarantee of the law. " President of court of Linan city Mao YuHuan says to " Jurisprudence Daily " reporter, in recent years, the marriage family quarrel that the court of Linan finishes presents the trend rising year by year. " Jurisprudence Daily " reporter knows, in the marriage family quarrel that the court finishes, the majority involves the property dispute of the marriage. "The dispute quantity of the property of marriage increased to give the asserting and cutting apart, storing in and legislating fuzzily of common property of couple to a certain extent. " The people of court of Linan are a front yard of presiding judge Cheng Jian's new statements, the judicial explanation of marriage law (3) After issuing, has defined the house property ownership in the marriage relation, too in order to maintain the party who cancels marriage registration has established the legislative authority which brings administrative litigation. To the judicial explanation of marriage law (3) Belonging to function on in the property of distinct marriage, Zhejiang lawyer Yang HuiLi quites thoughts and feelings: "Though the marriage law revised in 2001 has already been implemented for 10 years, someone will also ask till now, has the antenuptial house been turned into the common property of couple after marrying for 8 years? But marriage law judicial explanation (3) But different, it implements to be only two more than month, the intersection of neighbour and aunt, sell for the intersection of dish and uncle, know parents foot a bill house that buy for children, so long as registering would not become common property of couple in one's own names of children. " " Jurisprudence Daily " reporter finds in the interview, the judicial explanation of marriage law (3) Have defined the ownership of the house property, is favorable to the treatment to this kind of dispute in the judicial practice, but " OK belongs to the car which parents purchased for children clearly " This question is thereupon appearance. The reporter knows through visiting, centre on this question, at the basic level judge and present 3 kinds of sounds between the lawyers: First the common property; Second the personal property; Third the concrete problem make a concrete analysis of. Judicial explanation of marriage law (3) Article 7 is clear " The real estate " Property right last share, vehicle, vessel,can if you can't contrast, analogize applicable? As to this, Ke, lawyer of Zhejiang, think of our country matrimonial regime legal to make and agree combination that make direct, what implemented under having appointed situation was legal made. Define the ownership of the house property, from the angle of legislative background and the will of the people, mainly consider extremely high room rate and divorce rate increase and coexist, parents are afraid this kind of real estate that cause the family's property to run off. From the angle of legislative consistency, " real estate " in article 7 Can not contrast and analogize applicably. "At present, can be said to be a war about the money while divorcing, do not lack couple and hide, shift, sell off, damage the common property or forge the situation of the common obligation in reality for fighting for the property, if court accept case this kind of, marriage the intersection of relation and the intersection of looks and legitimate rights and interests of the other side protect while being difficult. " Zhejiang lawyer Wang Xin says, the judicial explanation of marriage law (3) The regulation of article 4 is analysed and explained in the wedding to a certain extent the community property maintain this system, respond realistic need, want, consider couple could make alteration on partition judgement, wait for follow-up operate question divorce by agreement. Plural value causes the view of marriage and family to change relevant experts to think, the problem influencing the marriage and family to be steady, besides dispute question of the property, there are transitions of the attachment to the family of marriages and different attitude phenomenon of marriage of growing in intensity, these questions especially need the law of marriage and family to adjust. "The marriage changes destiny, the network changes the marriage. " This originated from a cohabitation utopia's game which woman's websites put out of Taiwan - -View that the network marriage puts forward. "Network marriage, that is to say that does not receive various restrictions such as the requirements for marriage, space, race, culture, age, position, property state, condition and procedure of divorcing are very simple, it is a kind of simulation marriage. " University student of Hangzhou normal school Wu chain chain pay close attention to the marriage phenomenon of the network, she tells reporters, the network marriage not only will destroy the realistic marriage, but also will bring out the crime. In addition, some incidents caused by network, become the factor influencing stability of realistic marriage and family too. The network incidents of influence marriage and family that Zhejiang lawyer Wang Ke took place every year nearby first have been sorted out. "One kind is that scandal in reality is enlarged by Internet, injure the spouse and if does not deal with the party strictly in time, will cause the harmful effects; It is to utilize Internet, modern communication apparatus to carry on the pornography and move about, carry on a clandestine love affair, flirt to have, injure the spouse; The third kind utilizes Internet to spread bad information, utilize Internet to make the pornographic trade, even implement the criminal activity " Wang Ke says first. It is known that the reporter interviews, except influenced by network the different attitude phenomenon of marriage appearing, very great change has taken place too in the attachment to the family of marriage of the society at present. "Emotion between the couple, separate, with the intersection of he and mum child. " Lin Zhang the intersection of Hangzhou and city make metal the intersection of cutting machine and business in Zhejiang Province, this year 32 year old, claim, go straight 4 " second hand old man " ,It is said this whether they divorce to call oneself male crowd. Zhang Lin tells " Jurisprudence Daily " reporter, He marry one after marriage, find marriage to be too loud to the restraint of both sides, there are child, property, parents of both sides, get married? Flash four the intersection of reef and the intersection of Mian and neon, �� of Yi, comb ��, would like, tear the intersection of pod and Yu talk in sleep Pao prolong star of tool instrument mother Luo by �� of the Huaihe River whirlpool the intersection of ditch and the intersection of desk and the intersection of short iron rod with 4 edges and angry �! Keep fit to last �� to last borders large Na of �� 1 short iron rod with 4 edges to last shelf �� guanidine to last letter �� Si ���� waving the Paies getting thinner scrupulously in Qiong in thumb in Zhyuan in Yies dizzy Sheng of �� 1 calabash shell serving as a dipper Ges refined and peaceful? "To some degree, the marriage is the most dangerous gambling, but input of extremely probably the whole feeling of yours reaps nothing, not only has put up the emotion, has but also sustained economic losses. " A schoolmarm in Hangzhou says. Though these cases can all nowadays reflect the change of the attachment to the family of the social marriage, but how on earth is the change of the whole society? " Jurisprudence Daily " reporter passes and gathers 30 small-scale sample census with a family trees of three generations, information of concluding the way, happy intensity of marriage, bearing children and counting from household register, age, age of job, schooling, first marriage, marriage of the person investigated etc., draw the following conclusions: The first marriage increases at age. Ancestors' first marriage fluctuates up and down at the age of 20, women's age of first marriage is usually higher than men; The former generation's age of first marriage is generally among 20 to 22 years old; " after 70 " First marriage age compare to increase,so so in the majority between 23 and 28 years old; " after 80 " Mostly it is unmarried,and schooling, job level and get married will, first marriage age relations close. The stability of the marriage and family becomes bad, divorce, extramarital affair, phenomenon of remarrying are general. Ancestors' marriages are basically all very steady, the stability of former generation's marriage becomes bad, it causes the family to break that family's violence, extramarital affair,etc. appear in many families, and remarry and give birth to children. The quality of marriage and family has something to do with taking the place of personality passing on and harmonious happy intensity of marriage of border, appear and take the place of inheriting and influence relation among border. Take one family of Jinhua of Zhejiang Province as examples, this family has tradition of freedom to choose one's spouse, the situation of remarrying that the the former generation's cousin aunt uncle divorces, the children people has much divorce phenomena too, the intersection of family and open characteristic of atmosphere, make, get married, divorce behavioral family interfere with the factor reduce, so divorce, get married freer. In the intersection of Zhejiang Province and the intersection of Ningbo and one family of city, because ancestors personality prevail, former generation because the intersection of family and violence, factor such as being in compatibility of temperament cause the family relationship of the marriage to break too, former generation's behavior pattern and personality speciality influence children, lead to the fact children's family relationship is unstable. The legislative idea of the marriage and family needs to adjust " the question of the domain of marriage and family is the sources of a lot of social concerns ", behaviors such as extramarital affair, love of one night, having a trial marriage, the wedding flashes, changing evenly,etc. are striking the traditional marriage family relationship seriously, cause soaring, single-parent family children's increasing, family's violence of the divorce rate to be serious, etc. " President of research association Luo SiRong of marriage law in Zhejiang says, society transition period when cross swords in traditional morals and modern civilization, the culture between east and west collide, the abundant and miscellaneous and overgrown with weeds concept merges, it is especially crucial to establish the value of adjusting the legal system of family relationship of the marriage and lead. Letter of professor of Hangzhou law school of normal university Fan Zhong is engaged in the research of legal historiography for a long time, he is think, occidentalizes all sorts of mistaken ideas storing in to reflect in the legislation of the marriage and family to some extent too in a century of Chinese legal system. Fan ZhongXin has introduced the mistaken idea that the legislative idea exists to " Jurisprudence Daily " reporter: Deny the family (the clan) Potential and frightened that inside influenced function, interfered house work too much, had to ethics kindred. "In order to take place little nurse in Hangzhou person who bequeath as example, Hangzhou little nurse is present a million the intersection of legacy and judgement of case, though accord with the current written law, it is proper from remuneration and the right of inheritance of legal heir can be deprived aspect analysis, in fact has violated ethics and legal principle. " Fan ZhongXin says, the law should not allow not to be deprived and does not have the fault inheritor's right of inheritance actually in testament way by the inheritor, should set up whom testament bequeathed under the situation as soon as possible " Specially leave the share " System. In the course of investigating the marriage and family of various countries legislated, ZhongXin Fan find engage, marriage that exist once ceremony,etc. cancel now in of our country marriage legislate. He thinks, cancels being engaged (engagement) It is a great defect of the legal system of the marriage. The laws of Germany, South Korea, Japan and Taiwan of our country all stipulate clearly the engaged behavior is to prepare the agreement, the stability or execution to the marriage renders a service and ensures, if one party breaks a contract, another party has the right to bring and compensate the lawsuit; Abandon the ceremony and regard the marriage as the individual privacy to overly liberate and radical with the resignation system, it is apt to encourage the rash atmosphere that breaks of the marriage. Fan ZhongXin says, the marriage and family legislate to call the return with traditional national ethics. This kind of return should be according to panhuman common ethics, according to the fine tradition of Chinese nation, according to the thing that can also be accepted now, history and content occidentalized to the legal system of the marriage are scrutinized, introspected again, correct the mistaken idea, do the best to improve the social soil that the marriage and family survived. (reporter Chen Dong promotes intern and king in spring)


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