Marriage Family and Inheritance Law (Third Edition)

Author: Department of Higher Education, Ministry of Education
Publisher:
Publish Date: 2004-04-01
Features: From the perspective of the turn of the century, the field of family and marriage law began a serious review and reflection. A group of experienced experts and professors who had long been engaged in teaching and research in civil law and family and marriage law directly participated in the trial drafting of the new Marriage and Family Law. At several national academic seminars, participants from the field of family and marriage law and relevant departments unanimously agreed that it was not only necessary but also feasible to formulate a family and marriage law for the 21st century, which would be comprehensive in content and rigorous in structure and scientific. They also proposed suggestions on the legislative model, system structure, and clause content of the new Marriage and Family Law, based on the current needs for regulating family and marriage relationships and the foresight of family and marriage issues in the new century, and conducted repeated arguments. They devoted passion and effort to the birth of the new family and marriage law in the academic research field, making valuable explorations and contributions.
As a special legal department within the broader field of civil law, the modification of family and marriage law follows the basic approach of changing the legislative model, expanding the scope of regulation, renaming the Marriage Law as the Marriage and Family Law, and making it a relatively independent part to be promulgated first as part of the future unified Civil Code. It is necessary to strengthen weak links and improve various legal systems, ensuring that all issues in the family and marriage field that should be regulated by law are clearly defined by corresponding norms. To this end, revisions and supplements to the content of the paternity system, marriage system, divorce system, and support system must be made; stronger legal regulation of the personal and property relationships between spouses, foreign family and marriage relationships, and interregional family and marriage relationships is required; and legislative gaps must be filled by establishing new systems such as the kinship system, reproductive system, invalid marriage system, guardianship system, and custody system, ensuring they are coordinated with relevant laws. The above suggestions, ideas, and prospects are mostly presented in the book under the name of "legislative reflections."
Following the teaching principles and characteristics of adult education, this book emphasizes the explanation of basic concepts, fundamental principles, and basic methods, focuses on practical application, and cultivates abilities and qualities to enhance students' abilities to recognize, analyze, and solve problems. As a course, it certainly has a greater capacity in breadth and depth than the legal system, striving for systematicity and completeness. Based on current laws, regulations, and judicial interpretations, supported by new academic research achievements, and guided by the trial-drafted Marriage and Family Law, this book has a clear forward-looking nature, which is one of its major features. In the inheritance law section, the content is comprehensive and detailed, drawing on various strengths and analyzing different academic viewpoints objectively, providing readers with further opportunities for reflection and exploration, which also adds color to the entire book.
This textbook is primarily intended for adult education in various higher legal institutions. When used, it should be tailored to the actual situations of different audiences, with emphasis and selection in the arrangement of teaching plans. Each chapter begins with content highlights and concludes with discussion questions for review and reference. This book can also serve as a teaching material for undergraduate university courses and is an invaluable reference for those engaged in research on family, marriage, and inheritance law as well as for judicial practitioners.