New Perspectives on Marriage and Family Law

Author: Yang Suquan
Publisher:
Publish Date: 2003-08-01
Features: This book, with over 300,000 words, is divided into three parts, based on the draft Outline of the Civil Code proposed by the legal academia, the latest internal draft of the Marriage and Family Chapter by the Legal Affairs Commission of the National People's Congress, and the expert draft of the Kinship Chapter. It 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 of the book first examines various fundamental theoretical issues in kinship inheritance law, and then analyzes some kinship inheritance legal issues that are already under consideration in legislative and judicial practice. In this system, the field of kinship inheritance law has been expanded to include a general theory of kinship inheritance law (especially the general theory of kinship identity rights), a general substantive right for all types of kin, and a section on the fertility system (as there are many related civil disputes and regulations across the country). Support and guardianship are listed as separate chapters. All kinship inheritance matters are unified. The main content and innovative viewpoints of this book are as follows:
1. Establishing the name of the Kinship Chapter, denying the names of the Marriage and Family Chapter, and exploring the framework of the kinship chapter in China.
2. Identifying the latest modern kinship system theories from around the world, analyzing the impact of various modern technologies and social changes on kinship systems, and discussing the future direction of kinship legislation in China.
3. Exploring the specific strategies for establishing a general kinship chapter in the kinship chapter.
4. Solving the major theoretical and practical new problems faced by Chinese citizens' right to marriage under the new historical conditions.
5. Conducting a thorough and detailed study of the current new marital and family property systems in China and their shortcomings.
6. Referring to the judicial interpretations of the Supreme People's Court and the Draft of the Civil Code, this book particularly analyzes the right of use of household property for spouses and the right of occupancy of family common living housing.
7. Investigating the legal and theoretical basis for adding a fertility system chapter, as well as various related civil rights, in terms of legislative theory and legislative operations.
8. In the chapter on parent-child relationships, we propose and discuss the establishment of a system without parental rights, the addition of a system for denying parentage and recognizing illegitimate children, and the specific content of the artificial reproduction parentage system, in line with the current relevant new regulations in China.
9. The book separately discusses legal systems that regulate kinship relationships such as adoption, support, and guardianship.
10. Further systematizing China's divorce system and comprehensively improving the divorce and its legal consequences system.