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What are the basic principles of the Marriage Law of the People’s Republic of China and the People’s Republic of China?
Article 1041 of the Civil Code stipulates: “Marriage and family are protected by the state.
The marriage system of 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 my country'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 protection of Principles of the legitimate rights and interests of women, minors, the elderly, and persons with disabilities.
(1) The principle that marriage and family are protected by the state: Article 49 of my country’s Constitution stipulates: “Marriage, family, mother, and children are protected by the state.” Article 1041 of the Civil Code reiterates that “marriage and family are protected by the state.” "Protected by the state," not only implements this constitutional principle, but also makes this principle more concrete.
(2) The principle of freedom of marriage: The principle of freedom of marriage includes both the freedom of marriage and the freedom of divorce. Our country prohibits arranged marriages, purchased marriages and other behaviors that interfere with and undermine the freedom of marriage. The principle of freedom of marriage is not advocated. Letting yourself go and treating marriage frivolously is to protect the parties' autonomy to enter a happy marriage and end an unhappy marriage.
(3) The principle of monogamy: Our country implements monogamy and prohibits bigamy, as well as couples who have a spouse living together with others. Correspondingly, Article 258 of our country's "Criminal Law" stipulates the crime of bigamy. Whoever commits bigamy with his spouse, or who marries another person knowing that he has a spouse, shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention in order to uphold the principle of monogamy.
(4) Principle of equality between men and women: Equality between men and women in the marriage relationship is manifested in the equal status of husband and wife in the marriage and family, which is specifically reflected in all aspects of the marriage and family relationship, such as the equal rights of husband and wife to the custody of minor children. The rights of husband and wife to education and protection, the husband and wife jointly bear the obligation to raise, educate and protect minor children, and the husband and wife's property shall be equally handled.
(5) Principle of protecting the legitimate rights and interests of women, minors, the elderly, and the disabled: In marriage and family relationships, women, minors, the elderly, and the disabled are often in a vulnerable position. It is more difficult to protect one's own legitimate rights and interests, so special attention needs to be paid by legislative provisions.
For example, Article 1082 of the Civil Code stipulates that "the man shall not file for divorce during the woman's pregnancy, within one year after giving birth, or within six months after the termination of the pregnancy" to protect the legitimate rights and interests of women;< /p>
For example, Article 35 stipulates that “the guardian shall perform guardianship duties in accordance with the principle that is most beneficial to the ward”;
Article 1044 stipulates that “adoption shall follow the principle that is most beneficial to the adoptee” , to protect the legitimate rights and interests of the adoptee and the adopter”;
Article 1084 stipulates that “if the parents cannot reach an agreement on the custody of a child who has reached two years of age, the people’s court shall, based on the specific circumstances of both parties, "Judgment shall be made in accordance with the principle that is most beneficial to the minor children" in order to safeguard the legal rights and interests of minors in guardianship, adoption, and support;
As another example, Article 1067 stipulates, "If an adult child fails to perform his support obligations, he or she lacks Parents who are unable to work or have difficulties in living have the right to require their adult children to pay alimony," in order to protect the rights of the elderly to be supported in accordance with the law.
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