The present paper seeks to shed light on the main factors lying behind the non-implementation of Article 20 of the New Moroccan Family Law reformed in 2004 which is concerned with legal minimum age of marriage for bot...The present paper seeks to shed light on the main factors lying behind the non-implementation of Article 20 of the New Moroccan Family Law reformed in 2004 which is concerned with legal minimum age of marriage for both sexes, 18 years old for both. This study aims at investigating why the number of marriages of young girls continue to increase despite the establishment of the Law. The author takes the region of Fez as a case in point to explore this social behavior in Moroccan society. A qualitative approach has been adopted by interviewing 10 persons including Family Affairs Judges, lawyers and University Professors of Islamic studies at the University of Fez. Added to this, the technique of observation has equally been utilized to have everyday life concrete experiences of young girls "marriages". It has been argued that a unilateral approach to this social phenomenon cannot succeed to understand the complex nature of this bad social habit that is still predominant among rural areas and marginalized urban districts. A rather global approach taking into account the economic, socio-cultural, and legal dimension of the issue under investigation proves to be much more adequate to explore the intricate nature of this problems in which a number of diverse variables interact. The paper ends up with a conclusion and a number of recommendations on how to reduce this social act.展开更多
The United Kingdom’s Custody of Infants Act of 1839 is generally regarded as a signature instrument for women to gain guardianship of a child, and widely considered a product of the equal rights movement launched by ...The United Kingdom’s Custody of Infants Act of 1839 is generally regarded as a signature instrument for women to gain guardianship of a child, and widely considered a product of the equal rights movement launched by women in England. It has played an important role in promoting women’s equal rights and breaking patriarchal absolutism. However, there was much compromise in the legal basis for the legislation and the legal provisions, resulting in debates on the legislation that have greatly diluted the revolutionary significance of the Act. Starting with the Marxist argument on bourgeois family legislation, this paper analyzes the legislative and judicial practice of guardianship of minors before and after the promulgation of the Act in the United Kingdom. In view of its impact on the United Nations Convention on the Rights of the Child, this paper attempts to re-evaluate the historical status of this act.展开更多
Analyzes the conflicting cases through which the movie develops its plot inspiring an inter-cultural thinking and argumentation from perspectives of attitudes towards law and its social factors, and the family values ...Analyzes the conflicting cases through which the movie develops its plot inspiring an inter-cultural thinking and argumentation from perspectives of attitudes towards law and its social factors, and the family values impacting the conflicts. The author proves the truth of the above two to be the primary causes with thorough analysis of the story details appealing to abundant consentaneous understandings and theories.展开更多
Chinese traditional family-based society is the legal basis for political, patriarchal hierarchy and national politics Consistent hierarchy, as represented by the family law civil law is to adjust the traditional soci...Chinese traditional family-based society is the legal basis for political, patriarchal hierarchy and national politics Consistent hierarchy, as represented by the family law civil law is to adjust the traditional social relations, maintaining the main legal norms of social order, Family law as one of the most important traditional Chinese society, the legal system, and the state law regulating social order constitute the dual legal structure. And its fundamental purpose is to maintain social harmony and stability of the feudal rule of order.展开更多
The educational function of law is to inherently and positively standardize and institutionalize core ideologies and values by directly affecting those ideologies,incorporating the outlook on values,ethics,life and ho...The educational function of law is to inherently and positively standardize and institutionalize core ideologies and values by directly affecting those ideologies,incorporating the outlook on values,ethics,life and honor and disgrace.The purpose of the Legislative Revision Plan of Integrating the Core Socialist Values into the Construction of Rule of Law,adopted by China's central government in 2018,is to comprehensively strengthen the educational function of law under the guidance of the socialist core values within the entire socialist legal system,to consolidate a solid socialist ideological foundation,and to improve ideology and ethics across China.As a family is the cell of a society and the first classroom of life,family value is not only at the core of a family but also an essential part of a society.The legal system relating to family property,based on the family property system and spousal inheritance right,can rationally adjust the family property relationship;this system can combine,cultivate and carry forward socialist core values,guide and cultivate ethics,and promote family values,family culture and family traditions.Moreover,it can educate people to formulate an appropriate outlook on life,values and money and sense of honor.Today,the legal system of family property,such as the joint possession of marital incomes and the unlimited right to spousal inheritance,has shown a negative effect on educational function,since it was born during the period of the relative shortage of family property in the past.Therefore,the Civil Code should follow the socialist core values,and update and innovate the family property legal system and thereby provide an effective and efficient path to rectify the hitherto negative effect on educational function of the family property legal system.展开更多
The fine family values incorporated into China's Civil Code can effectively resolve the contradiction between the Marriage and Family Law's specific socialization requirements and the relatively insufficient s...The fine family values incorporated into China's Civil Code can effectively resolve the contradiction between the Marriage and Family Law's specific socialization requirements and the relatively insufficient socialization theypresent after they have been incorporated into the Civil Code of the People's Republic of China.The fine family values clauses can reflect the ethics of Marriage and Family Law by introducing the family's subject position in identity law,by specifying the scope and source of public order for judging behavior legitimacy in family relations,and by checking and balancing the tendency of turning Marriage and Family Law into Property Law.The clauses'normative effect includes the organizational effect aimed at regulating family power,social power and state power,and the advisory effect for promoting moral education.However,its core lies in its behavior normative effect for guiding the judicial process and its adjudicative normative effect.In terms of specific application,we should focus on realizing the normative function of the fine family values clauses.This function includes proving the relationship between a guardian's“lack of control and education”and external damage caused by family members,balancing family stability and personal freedom value,1limiting seeking improper property interests by means of identity behavior and creating independent legal interests.展开更多
Marriage and family remain a universal and eternal subject of study. It covers law, ethics, sociology, psychology and even economics. Law and ethics play the most outstanding role in it. Family ethics and moral standa...Marriage and family remain a universal and eternal subject of study. It covers law, ethics, sociology, psychology and even economics. Law and ethics play the most outstanding role in it. Family ethics and moral standards constitute an important part of social ethical system while marriage and family constitute part of the legal system nearest to the life of the common people. Since the founding of New China, the Party and the State have paid full attention to the marriage and family system. Compared with other laws, the law about marriage and family was the first to be legislated. On May 1, 1950, New China’s first law, the 1950 version of Marriage Law, was promulgated. Commenting on the legal document, Chairman Mao Zedong had this to say: Marriage law concerns展开更多
In the course of implementing the Constitution and theBasic Law in the Chinese mainland and the Hong Kong and MacaoSpecial Administrative Regions, the core content of “family life” (especiallythe part involving the ...In the course of implementing the Constitution and theBasic Law in the Chinese mainland and the Hong Kong and MacaoSpecial Administrative Regions, the core content of “family life” (especiallythe part involving the parent-child relationship), which is abasic right at the constitutional level, has finally been recognized bythe competent authorities as “close ties between family members.”The convergent interpretation of basic rights by competent authoritiesin the Chinese mainland and the two special administrative regions,at least in terms of “family life,” is fundamentally due to the fact thatunder similar social, economic and population conditions, they havereached a consensus on understanding the core content of basic rightsunder the influence of international human rights law. On the basis ofthis convergent interpretation, there should be no longer significantdifferences in the basic rights enjoyed by Chinese citizens in the Chinesemainland and Hong Kong & Macao.展开更多
文摘The present paper seeks to shed light on the main factors lying behind the non-implementation of Article 20 of the New Moroccan Family Law reformed in 2004 which is concerned with legal minimum age of marriage for both sexes, 18 years old for both. This study aims at investigating why the number of marriages of young girls continue to increase despite the establishment of the Law. The author takes the region of Fez as a case in point to explore this social behavior in Moroccan society. A qualitative approach has been adopted by interviewing 10 persons including Family Affairs Judges, lawyers and University Professors of Islamic studies at the University of Fez. Added to this, the technique of observation has equally been utilized to have everyday life concrete experiences of young girls "marriages". It has been argued that a unilateral approach to this social phenomenon cannot succeed to understand the complex nature of this bad social habit that is still predominant among rural areas and marginalized urban districts. A rather global approach taking into account the economic, socio-cultural, and legal dimension of the issue under investigation proves to be much more adequate to explore the intricate nature of this problems in which a number of diverse variables interact. The paper ends up with a conclusion and a number of recommendations on how to reduce this social act.
文摘The United Kingdom’s Custody of Infants Act of 1839 is generally regarded as a signature instrument for women to gain guardianship of a child, and widely considered a product of the equal rights movement launched by women in England. It has played an important role in promoting women’s equal rights and breaking patriarchal absolutism. However, there was much compromise in the legal basis for the legislation and the legal provisions, resulting in debates on the legislation that have greatly diluted the revolutionary significance of the Act. Starting with the Marxist argument on bourgeois family legislation, this paper analyzes the legislative and judicial practice of guardianship of minors before and after the promulgation of the Act in the United Kingdom. In view of its impact on the United Nations Convention on the Rights of the Child, this paper attempts to re-evaluate the historical status of this act.
文摘Analyzes the conflicting cases through which the movie develops its plot inspiring an inter-cultural thinking and argumentation from perspectives of attitudes towards law and its social factors, and the family values impacting the conflicts. The author proves the truth of the above two to be the primary causes with thorough analysis of the story details appealing to abundant consentaneous understandings and theories.
文摘Chinese traditional family-based society is the legal basis for political, patriarchal hierarchy and national politics Consistent hierarchy, as represented by the family law civil law is to adjust the traditional social relations, maintaining the main legal norms of social order, Family law as one of the most important traditional Chinese society, the legal system, and the state law regulating social order constitute the dual legal structure. And its fundamental purpose is to maintain social harmony and stability of the feudal rule of order.
文摘The educational function of law is to inherently and positively standardize and institutionalize core ideologies and values by directly affecting those ideologies,incorporating the outlook on values,ethics,life and honor and disgrace.The purpose of the Legislative Revision Plan of Integrating the Core Socialist Values into the Construction of Rule of Law,adopted by China's central government in 2018,is to comprehensively strengthen the educational function of law under the guidance of the socialist core values within the entire socialist legal system,to consolidate a solid socialist ideological foundation,and to improve ideology and ethics across China.As a family is the cell of a society and the first classroom of life,family value is not only at the core of a family but also an essential part of a society.The legal system relating to family property,based on the family property system and spousal inheritance right,can rationally adjust the family property relationship;this system can combine,cultivate and carry forward socialist core values,guide and cultivate ethics,and promote family values,family culture and family traditions.Moreover,it can educate people to formulate an appropriate outlook on life,values and money and sense of honor.Today,the legal system of family property,such as the joint possession of marital incomes and the unlimited right to spousal inheritance,has shown a negative effect on educational function,since it was born during the period of the relative shortage of family property in the past.Therefore,the Civil Code should follow the socialist core values,and update and innovate the family property legal system and thereby provide an effective and efficient path to rectify the hitherto negative effect on educational function of the family property legal system.
文摘The fine family values incorporated into China's Civil Code can effectively resolve the contradiction between the Marriage and Family Law's specific socialization requirements and the relatively insufficient socialization theypresent after they have been incorporated into the Civil Code of the People's Republic of China.The fine family values clauses can reflect the ethics of Marriage and Family Law by introducing the family's subject position in identity law,by specifying the scope and source of public order for judging behavior legitimacy in family relations,and by checking and balancing the tendency of turning Marriage and Family Law into Property Law.The clauses'normative effect includes the organizational effect aimed at regulating family power,social power and state power,and the advisory effect for promoting moral education.However,its core lies in its behavior normative effect for guiding the judicial process and its adjudicative normative effect.In terms of specific application,we should focus on realizing the normative function of the fine family values clauses.This function includes proving the relationship between a guardian's“lack of control and education”and external damage caused by family members,balancing family stability and personal freedom value,1limiting seeking improper property interests by means of identity behavior and creating independent legal interests.
文摘Marriage and family remain a universal and eternal subject of study. It covers law, ethics, sociology, psychology and even economics. Law and ethics play the most outstanding role in it. Family ethics and moral standards constitute an important part of social ethical system while marriage and family constitute part of the legal system nearest to the life of the common people. Since the founding of New China, the Party and the State have paid full attention to the marriage and family system. Compared with other laws, the law about marriage and family was the first to be legislated. On May 1, 1950, New China’s first law, the 1950 version of Marriage Law, was promulgated. Commenting on the legal document, Chairman Mao Zedong had this to say: Marriage law concerns
基金This article represents a phase of research outcomes from the Major Project of the National Social Science Fund of China(NSSFC)titled“Research on Improving the Judicial System and Legal System of Special Administrative Regions”(Project Approval No.23ZDA121).
文摘In the course of implementing the Constitution and theBasic Law in the Chinese mainland and the Hong Kong and MacaoSpecial Administrative Regions, the core content of “family life” (especiallythe part involving the parent-child relationship), which is abasic right at the constitutional level, has finally been recognized bythe competent authorities as “close ties between family members.”The convergent interpretation of basic rights by competent authoritiesin the Chinese mainland and the two special administrative regions,at least in terms of “family life,” is fundamentally due to the fact thatunder similar social, economic and population conditions, they havereached a consensus on understanding the core content of basic rightsunder the influence of international human rights law. On the basis ofthis convergent interpretation, there should be no longer significantdifferences in the basic rights enjoyed by Chinese citizens in the Chinesemainland and Hong Kong & Macao.