Marriage law is a very important law in the civil code law. At present, China has amended the marriage law, and the content of the amendment is still relatively large. The specific amendments have to be officially announced before they are known. What is the legal relationship of the marriage law adjustment? In the following, the editors of Hualu.com will provide readers with relevant knowledge.
According to the relevant laws of China, the legal relationship adjusted by the marriage law is family relationship, including husband and wife relationship, parent and child relationship, husband and wife property relationship, adoption relationship, etc.
Article 26 [Adoption Relationship] The state protects legal adoption relationships. The rights and obligations between adoptive parents and adopted children shall be governed by the relevant provisions of this law on the relationship between parents and children.
Marriage and family disputes involve the daily work and life of individuals and families. A large part of China s traditional ethics is aimed at the field of marriage and family life. With the continuous progress of China s modernization, the moral concepts in the field of marriage and family are also changing rapidly, and many feudal ideas have been abandoned. After the Marriage Law was promulgated and implemented, the law strengthened the adjustment of marriage and family relations to protect the legitimate rights and interests of family members on an equal basis. Therefore, mediation of marriage and family disputes must not violate the compulsory provisions of the Marriage Law. Special attention must be paid to protect the legitimate rights and interests of women, children, and the elderly, and to avoid the remnants of traditional personal attachment and the three from four virtues feudal thought.
Whether it is the couple s anti-eyes, or the intensification of parent-child conflicts, the reasons behind it are often complicated. Correspondingly, the content of marriage and family life is rich. When conflicts occur, the distinction between right and wrong is often not easy, and the facts are often vague. Therefore, mediation of disputes should be based on fairness and priority. Basic advantages and disadvantages of family members and their contributions to the family should be measured. Based on this, the possibility of negotiation between the two parties should be formed. Only by effectively implementing the principle of fairness can both parties build trust in mediation and be willing to find possible dispute resolution solutions through mediation.
Freedom of marriage, including freedom of marriage and freedom of divorce, is a right granted to every citizen by our Constitution, and no one has the right to interfere. Therefore, when carrying out mediation work, we must adhere to the principle of freedom of marriage and criticize and educate all kinds of acts that interfere with the freedom of marriage.
The principle of mediation is voluntary, and it is illegal to impose coercion on the parties in any way. The parties may make acts that are against morality and should be rejected by the society. They should be criticized and educated; if the parties behavior violates the provisions of the law, they should be dealt with in accordance with the procedures stipulated by the law, and they cannot be forced to bear responsibility. Community mediation, as a process of conflict resolution, only helps the parties to the dispute to resolve the dispute through negotiation, rather than making a decision for the parties.