Study on Implicit Discrimination in Marriage Law of China

Yong-Mei XIA


In recent years, the divorce rate in China has increased year by year. The proportion of female active divorce increases, the fertility willingness of women declines and the willingness to marry of unmarried women to fall. The current Marriage Law in China and its judicial interpretation gradually replace the family property system with the personal property system, ignoring the rights and interests of women as the main bearers of housework, which constitutes implicit discrimination at the institutional level. The individualism orientation of the current Marriage Law and the deviation of the value orientation under the judicial guidance not only impair the stability and development of marriage and family, but also are not conducive to protecting the equal rights of women.


Marriage law; Implicit discrimination; Individualism; Efficiency value


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