The "Civil Code of the People's Republic of China" is known as the "Encyclopedia of Social Life". It is a declaration and guarantee of civil rights. It is the first law named after a code in New China. It occupies a fundamental position in the legal system and is also a market. The basic law of the economy. If the Constitution focuses on restricting public power, then the Civil Code focuses on protecting private rights. Almost all civil activities ranging from contract signing and company establishment to property fees and divorce can be found in the Civil Code. The code consists of 7 chapters and 1,260 articles. The chapters are in order of General Provisions, Property Rights, Contracts, Personal Rights, Marriage and Family, Inheritance, Tort Liability, and Supplementary Provisions. On May 28, 2020, the Third Session of the Thirteenth National People's Congress voted and passed the "Civil Code of the People's Republic of China", which will come into force on January 1, 2021 and .
Reading the Civil Code Marriage Law
Tongbai Line Workshop Xie Xuan
The "Civil Code of the People's Republic of China" has been officially adopted by the Third Session of the 13th National People's Congress of the People's Republic of China on May 28, 2020. It will be officially implemented on January 1, 2021. After the implementation of the Civil Code, the "Marriage Law", "Inheritance Law", "Adoption Law", "General Principles of Civil Law", "Guarantee Law", "Contract Law", "Property Law", "Tort Liability Law" and "General Principles of Civil Law" will be implemented at the same time. Void.
So in the following text, we will talk about some parts of the "Marriage Law". After all, getting married is an important process in everyone's life. The new "Marriage Law" has set off an uproar to a certain extent, such as the bride price.
According to the provisions of Article 1042 of the Civil Code, arranged marriages, buying and selling of marriages and other acts that interfere with the freedom of marriage are prohibited. It is forbidden to obtain financing through marriage.
Once this rule came out, the woman was not happy. In their opinion, the bride price is a kind of financial guarantee for their marriage to the man, and also an expression of the man's degree of love for the woman. Economist Professor Chu Yin said: "Humans have two major productions, one is population production and the other is material production. Material production is male, it is paid, and he can get paid; population production is female, and production and upbringing are free. Yes, when prices and remuneration cannot be calculated, then the bride price is a guarantee and compensation for girls.” There is another sentence after him, “Don’t deprive a lot of women because of women’s so-called independent ideas. The most important way to obtain material compensation.”
Indeed, contemporary society advocates gender equality, but the concept of true gender equality has not completely changed. For example, when both parties have sources of income, women are usually asked "How do you balance your career and family?" This question is rarely asked by men. Family and career should be shared by husband and wife, but what about female balance? From ancient times to the present, the idea that men dominate outside women is deeply rooted, and women still shoulder higher family responsibilities than men. Contemporary women are generally economically independent and taking care of themselves is not a problem. Marriage has become a fetter for them. Their ideas are gradually changing. "The quality of marriage must be higher than the quality of singles. Otherwise, why do you get married? Isn't it good to be single?" Most of the current situation is basically that the quality after marriage is lower than before marriage, because they will bear more obligations for their wives and mothers in the general environment. They will be unbearable when they go to the company during the day, take care of the family at night, and deal with the relationship between mother-in-law and daughter-in-law in their spare time. Weight-bearing. Even after marrying the husband, women have to sacrifice their careers and devote themselves to the family. When cutting off their sources of income, they have no right to speak at first, and thus suffer from gains and losses. Thinking from the perspective of women, can't the payment after marriage be compared with a reasonable guarantee?
Now, we start to speak from a male perspective.
all say that marrying a daughter-in-law will consume the savings of two generations. This is not without basis. Houses, cars, and wedding gifts have become standard items for the man's marriage. After all, there are a small number of wealthy people, and most families are still working-class families. The man’s parents spend most of their life savings on buying a house and car for their son, and the gift has become their overpayment. However, giving the bridegroom to the woman is a traditional custom that has been passed down from ancient times to the present, and it is impossible to overthrow it at once. Even though the man has already emptied everything for buying a house, he still bites the bullet and pays the bridegroom.
There are some bad customs in some rural areas, and marrying a daughter has become the only way for them to get rich. They asked the man for a high-value gift that was not owned by the woman, but was used to repair the house and subsidize the son. The daughter seemed to them to be an item for sale. Many rural guys have come to discuss marriage with their women because they can’t afford to pay high gifts.The last step is desperate to break up.
The "Marriage Law" says that arranged, buying and selling marriages and other acts that interfere with the freedom of marriage are prohibited. It is forbidden to obtain financing through marriage. This protects the rights and interests of men to a large extent, but only for bad customs in certain areas. In fact, the richer the area does not care about the bride price, but the poorer the area, the more the lion opens its mouth.
So the new "Marriage Law" is mostly beneficial to men, is this true?
is not. Article 17 of the new "Marriage Law" clearly stipulates that the following property acquired by the spouse during the marriage relationship shall be jointly owned by the spouse: 1. wages and bonuses; 2. income from production and operation; 3. income from intellectual property; 4. Property acquired by inheritance or gift; 5. Other property that should be jointly owned.
In most families, men still dominate the source of income, and they bear much greater pressure in society than women. After all, women do not want to work and take care of the family is also a way out, which is accepted by the public. And men have no retreat. Not only that, in most couples' sources of income, men are much higher than women, and women still have an advantageous position in property distribution.
A marriage is all cultivated from a beautiful love, but a marriage with only love and no materiality is like a sand, and the wind blows away; but don’t place too much emphasis on material things, otherwise the couple will become business partners and hurt their interests. Two scattered. A good marriage should be of equal strength, love and materiality should not be wrong, work together and operate each other, the love nest that has experienced wind and rain will be indestructible, and the couple who have experienced adversity will be precious. The "Marriage Law" can only guarantee the basic compensation for the breakdown of the relationship, but a good marriage can maximize the interests of both parties. Feelings are not easy, but do and cherish.
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