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On the construction of our kinship system

Author: ZhuLi
Tutor: WangGeYa
School: Heilongjiang University
Course: Civil and Commercial Law
Keywords: kinship system Legislative reflection Construction
CLC: D923.9
Type: Master's thesis
Year: 2009
Downloads: 160
Quote: 1
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Abstract


Kinship system is an important legal system. The kinship system of our country has a long history. As a legal form, Relative Law is an important part of the Civil Law. As its manifestation, Relatives Law consists of Marriage Law, Adoption Law and a series of administrative regulations and judicial interpretations which adjust marriage and family relations. The Kinship system of our country got considerable progress after Amendments of the Marriage Law in 2001 while the existing Kinship system of our country has a series of problems on form and content. According to China’s actual conditions and judicial practice, , the author of this article who learns from advanced foreign experience in the Legislative Council puts forward corresponding countermeasures. On form, it is suggested that we put Relatives Law under the Civil Law, and change the name to Relative Law; convert Adoption Law to Marriage Law, to begin as a separate chapter paralleling with Adoption and Custody. On content, set up the additional general provisions relative system, cohabitation and separation system, and the system of parent-child relationship; improve the system of marriage, divorce system, marital property system and so on.

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CLC: > Political, legal > Legal > Chinese law > Marriage Law
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