The specific regulatory characteristics in marital and family relations in P. R. China

Volume 4, Number 2, 2019, P. 106–111

[ JURIDICAL SCIENCES ]

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Abstract:

Since ancient times, the family in China was considered the most important social institution, marriage and family were regarded as private space, and the state interfered in that sphere of social relations only in the commission of crimes. After the foundation of the People’s Republic of China, the first legislative act of the Central People’s Government of China was the Marriage Law of May 1, 1950, reflecting the legislative experience of the USSR. Currently, the Marriage Act of 1980 is in force (amended in 2001). Updates in legislation are reflected in the case-law: disputes over joint property of spouses, liabilities of spouses to third parties, etc. Family Law Principles of modern China are the freedom of marriage, monogamy, equality and mutual respect of spouses regardless of gender, education, occupation, planning for childbirth. The family in China, as in most countries of the world, changes its form and content. The system of traditional values, consisting of the authority of parents, relatives, loses its former meaning. In a post-industrial society, a woman has become economically independent. The acquisition of independent social status, the choice of a life path, began to play an important role. The transformation of the traditional family in China leads to the need for the spouses’ property issues regulation, as evidenced by the multiple explanations of the Supreme Court.

Keywords:

marriage, family, Law of the People’s Republic of China “On Marriage”, marital property

Author:

Natal’ya V. Iltakova, Cand. Sci. (Historical Sciences), Senior Lecturer at Theory and History of State and Law Department, Faculty of Law, Buryat State University, Ulan-Ude, Republic of Buryatia, Russia

For citation:

Iltakova N.V. (2019) The specific regulatory characteristics in marital and family relations in P. R. China. Sotsial’naya kompetentnost’ = Social Competence. Vol. 4. No. 2. Pp. 106–111. (In Russ.)

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