Study on Value Reconstruction of Marriage Law in China

Yong-Mei XIA


The deviation of the value orientation of the current marriage law in China results in many negative implicit functions in the implementation of the marriage law. Its excessive pursuit of the freedom value, efficiency value, and the formal protection of gender equality have presented side effects which are detrimental not only for ensuring the stability of the marriage and family but also for promoting female development. Through the study of family law sociology, this paper proposed that the marriage law in China should reconstruct its value system to become guided by the value of happiness and based on the principles of rational freedom and substantive equality.


Marriage law, value reconstruction, happiness, equality, freedom


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