On the Legislative Concept and New Rules of the System of Marriage and Family in China's Civil Code

Twenty-four new or revised systems or rules have been incorporated in the Civil Code of the People's Republic of China for the purpose of strengthening the State's protection of marriage and family,promoting development of family civilization,and respecting the autonomy of the parties to marriage and family.Furthermore,they are designed for advancing equal marriage and family status,implementing the principle for the best interests of children,and protecting the rights and interests of the weak in marriage and family.In the Marriage and Family Section of the Civil Code,the Chapter 1“General”has got the new principle of the State protecting marriage and family,new advisory rule for promoting development of marriage and family civilization,and new principle for protecting the best interest of adoptees.Moreover,it has defined the types of relatives,close relatives and family members.In the Chapter 2“Marriage,”the lawful circumstances for prohibiting marriage and for invalidating marriage are reduced,the scheme of revoking a marriage is revised and supplemented;the obligation of telling the truth about major diseases,and the right for the innocent party to claim damages for an invalid or revoked marriage,are added.In the Chapter 3“Family Relations,”the rules of husband and wife's family agency right and its restriction,the rules of marital common debt determination,the rules of marital common property split,and the rule of litigation for the confirmation and denial of parent-child relationship,are added;in the Chapter 4“Divorce,”the pre-divorce coolingoff period and the time for dissolution of marriage relationship are added,the legal circumstances for divorce in litigation,the rules for dealing with child support during divorce,and the principle of splitting the common property of divorced couples are supplemented,the applicable conditions of divorce financial compensation and divorce financial assistance are modified,and the legal circumstances for divorce damage compensation is increased;in the Chapter 5“Adoption,”the age of adoptees and the number of adopted children are relaxed,the conditions of adopters are revised,and the adoption evaluation rules are added.

The Embodiment of Enhancing Family Civility in China's Civil Code

“Development of family civilization”has joined legislative language system from policy language and ethical language,and has become the basic value orientation of the Marriage and Family Section of Civil Code of the People's Republic of China(hereinafter referred to as“the Civil Code”).We need to specify significance and jurisprudence of family civilization,and make family civilization harmonious with the basic principles(basic value orientations)of Marriage and Family Section and Inheritance Section.The significance of family civilization in the new era should be taken to include equality,respect,loyalty and unity,as is specified through the legal rules of marriage and family.Development of family civilization does not challenge freedom,but overcomes the defects of individualism in the identity community so as to fully realize the liberal and all-round development of each family member.By integrating family civilization with the basic value orientation of its Marriage and Family Section,the Civil Code has demonstrated a basic position of valuing“family”and of“coordinating the relationship betweenaindividual and family.”Moreover,it has revealed the basic attitude of Chinese people towards marital relationship and even towards marriage and family:Marriage and family provide a warm harbor of ethical love with legal significance,a weal-and-woe-sharing community of affection and property wherein family members,husband and wife in particular,focus on overall coordination.It is a closeknit group of equality,harmony,solidarity,like-mindedness,mutual respect and care for the elderly and for the young,and of trust-worthy team.