New Perspectives on Marriage and Family Law

Author: Yang Suquan
Publisher:
Publish Date: 2003-08-01
Features: This book contains over 300,000 words, divided into three parts, and is based on the "Outline of the Civil Code" drafted by the legal academia, the "Draft of the Marriage and Family Chapter" by the Legal Affairs Commission of the National People's Congress, and the "Expert Draft of the Family Relations Chapter." The book follows the system arranged by the recently passed "Draft of the Civil Code of the People's Republic of China" by the Standing Committee of the National People's Congress. Each chapter first explores various fundamental theoretical issues in the field of family inheritance law, and then analyzes some family inheritance legal issues that are already under discussion in legislative and judicial practice. In this book's system, a new general part of family inheritance law has been added to the original field of family inheritance law, including general theoretical issues of family identity rights (especially in family inheritance law), general substantive rights of all family members, and the family reproduction system (as there are already many relevant civil disputes and regulations across the country). Support and guardianship are listed as separate chapters. Due to the hasty process of amending China's Marriage Law and the unresolved disagreements among various viewpoints, the current "Amended Civil Marriage Law" adopted by the legislative body still lacks many provisions and omissions. Theoretical research on the specific content of the family relations chapter of the Civil Code has also only been preliminarily discussed in academic circles after the simple announcement of the Civil Code's overall structure, without in-depth exploration of the rational basis for its system design, specific institutional arrangements, and detailed content. The Standing Committee of the National People's Congress has unanimously passed the "Draft of the Civil Code of the People's Republic of China." The newly drafted expert version of the Marriage Law is also unsatisfactory. The current state of family legislation in China objectively requires theoretical guidance and systematic, comprehensive sorting of China's family legal system, further filling various gaps in domestic research on the family relations chapter of the Civil Code.