Entering ChinaSince ancient times, marriage has relied on eight words, namely “the order of parents and the matchmaker’s words”, but these eight words no longer conform to the basic human rights of modern society. Advocating marriage freedom is more in line with modern legal civilization and is a basic human right based on independent personality, equal personality, personal freedom and personal dignity.
On the one hand, the young men and women who meet the marriage conditions are more resistant to marriage and pursue personal freedom, resulting in the marriage rate falling year by year; On the other hand, due to the increasing pressure of economy, fertility and pension in married families, it is very easy to cause conflicts between husband and wife, and the divorce rate shows a trend of increasing year by year. Does the principle of marriage freedom still conform to the current social development?
The principle of freedom of marriage refers to the freedom of natural persons to marry or divorce in accordance with the law without restriction, control, and illegal intervention of others. It is a basic principle after the establishment of the modern marriage system in China, and it clarifies the freedom of the parties to make their own decisions and choose their marital status, including the freedom of marriage and the freedom of divorce.
In terms of the protection of the freedom of marriage, in addition to incorporating the freedom of marriage into the Civil Code of marriage and family, and establishing the basic principle, for interference with the freedom of marriage, when certain conditions are met, it will trigger the protection of the criminal law, that is, the crime of violent interference with the freedom of marriage, the above two aspects are sufficient to illustrate the strength of the protection of the freedom of marriage in China.
At present, in view of the serious trend of the marriage rate declining year by year and the divorce rate increasing year by year, whether the freedom of marriage should be restricted has aroused the discussion of the netizens. Some people believe that the freedom of marriage is the category of basic human rights in modern society, and excessive restrictions and interference with the freedom of marriage may violate human rights, so the freedom of marriage should not be restricted. And also need to lower the threshold of divorce, protect the rights of marriage parties;
There are also views that the principle of freedom of marriage is a freedom that needs to be restricted, the current marriage rate and divorce rate have been in a very dangerous situation, allowing the freedom of marriage may cause social unrest and unrest, which is not conducive to the development and progress of society, so there should be certain restrictions on the parties who meet the conditions of marriage and do not get married. Policies were introduced to encourage marriage and childbearing.
The basic connotation of the principle of freedom of marriage is to guarantee the freedom of natural persons to decide matrimonial behavior independently in accordance with the law, and the freedom of the parties to decide marriage and divorce independently without restriction, restriction or interference from others.
