Basic principles of marriage law

Article 104 1 of the Civil Code stipulates: "Marriage and family are protected by the state.

A marriage system featuring freedom of marriage, monogamy and equality between men and women shall be implemented.

Protect the legitimate rights and interests of women, minors, the elderly and the disabled. Accordingly, the basic principles of China's marriage law are: the principle that marriage and family are protected by the state, the principle of freedom of marriage, the principle of monogamy, the principle of equality between men and women, and the principle of protecting the legitimate rights and interests of women, minors, the elderly and the disabled.

(1) The principle that marriage and family are protected by the state: Article 49 of China's Constitution stipulates that "marriage, family, mother and children are protected by the state", and Article 104 1 of the Civil Code reiterates that "marriage and family are protected by the state", which not only implements this constitutional principle, but also makes it more specific.

(2) The principle of freedom of marriage: The principle of freedom of marriage includes both freedom of marriage and freedom of divorce. Arranging, buying and selling marriages and other acts that interfere with or undermine the freedom of marriage are prohibited in China. The principle of freedom of marriage is not to advocate laissez-faire and treat marriage lightly, but to protect the parties' autonomy in entering a happy marriage and ending an unfortunate marriage.

(3) The principle of monogamy: monogamy is practiced in China, and bigamy is prohibited. Those with spouses live with others. Correspondingly, Article 258 of China's Criminal Law stipulates the crime of bigamy. Whoever marries a spouse, or marries someone knowing that they have a spouse, shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention to safeguard the principle of monogamy.

(4) Principle of equality between men and women: Equality between men and women is manifested in the equal status of husband and wife in marriage and family, which is reflected in all aspects of marriage and family relations. For example, both husband and wife have equal rights to raise, educate and protect minor children, and have equal obligations to raise, educate and protect minor children, and treat the same property of husband and wife equally.

(5) The principle of protecting the legitimate rights and interests of women, minors, the elderly and the disabled: In marriage and family relations, women, minors, the elderly and the disabled are often in a weak position and it is difficult to safeguard their legitimate rights and interests. Therefore, it is necessary to pay special attention to it through legislation.

For example, Article 1082 of the Civil Code stipulates that "a woman may not file for divorce during pregnancy, within one year after delivery or within six months after termination of pregnancy" to protect women's legitimate rights and interests;

For example, Article 35 stipulates: "A guardian shall perform his guardianship duties according to the principle of being most beneficial to the ward";

Article 1044 stipulates: "Adoption shall follow the principle of being most beneficial to the adoptee and protect the legitimate rights and interests of the adoptee and adopter";

Article 1084 stipulates that "if both parents cannot reach an agreement on the upbringing of a child who has reached the age of two, the people's court shall make a judgment according to the specific conditions of both parties and the principle of being most beneficial to the minor", so as to safeguard the legitimate rights and interests of minors in guardianship, adoption and upbringing;

Another example is Article 1067, which stipulates that "parents who are unable to work or have difficulties in living have the right to ask their adult children to pay maintenance", thus ensuring the elderly's right to receive maintenance according to law.