结婚条件的立法原则研究民商法学专业论文.docxVIP

1 1 2 2 Abstract The research on the legislative principle is helpful to better guide the specific system regulation and implementation. The legislative principles of the marriage qualifications are the leading factors which the legislator must take into account when regulating the specific provisions. With the guidance of equality, freedom ,humanitarian and the constraint of the modesty and prudence of the legislation ,lawmakers can make better regulations to safeguard people’s right to married, which is of great significance to maintain social and family order. This research comes from reality, and ultimately must back to reality. The family is the basic unit of the society, marriage is the foundation of a family. Since the ancient times has been the marriage in the human society. The 21st century of the modern society, more and more people pursue right, equality and freedom. Many modern marriage ideas ,like the freedom of marriage and equality of men and women , have enjoyed popular support . Gay marriage problems appeared gradually ，and they begin to seek the protection of the law. What’s more, the law forbids some people attacked by certain disease and within three generations of collateral blood relatives getting married, which are met by the challenge from the society. So we must consider the current law is not good enough to realize the equality, freedom, and humanitarian principles. At present ,the lack of study on the the legislative principle make the task more urgent.In order to ensure people’s rights and promote the harmonious development of society ,this article analyses the legislative principles of the modern marriage qualifications on the basis of the comparison analysis and value analysis to improve our countrys relative legal provisions . This article consists of four chapters, accounting about 25 thousand Chinese characters. ChapterⅠis the significance of the research of legislative principles, which mainly introduces the posi