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Marriage is something special between people
Social relation
It is the form of social organization of the relationship between men and women, that is, as recognized by the social system of the time or recognized by law or social customs, with the purpose of permanent living together, men and women
amphoteric
Combine as
Man and wife
The form of social organization of relations. "Marriage is
family
Presupposition of production"
[1]
.
- Chinese name
- matrimony
- Foreign name
- Marriage
- Go back to
- Primitive society
- Existence of marriage
- Form and combination
- Shape formula
- Accidental marriage , Walking marriage , monogamy Etc.
- nature
- interpersonal kinship Social integration
The first people to live in groups practiced promiscuous sex. "Men and women live together without distinction."
[2]
. In the early stages of primitive group marriage, there was no limit to the mating between siblings and their offspring.
Consanguineous marriage is intergenerational marriage. Engels said: in consanguineous marriage, the marriage group is divided by seniority, and all the grandfathers and grandmothers within the family range are husband and wife to each other. The same is true of their children, father and mother; Similarly, the children of the latter constitute a third circle of co-spouses
[3]
. Blood marriage is also called class marriage, brother and sister marriage, is the second type of marriage system in the history of human marriage.
Women were probably considered property in ancient times. Tribal wars, family fights, women being robbed. The result found that the insiders gave birth to each other were mentally retarded and deformed babies, but the women who robbed gave birth to white fat children, and the ancients finally woke up: "Men and women have the same surname, their birth is not strange."
[4]
. Until now, the remote countryside still has the same surname does not marry the family rule.
According to archaeological data, exogamy is a sign of matrilineal society. Exogamy is forbidden to marry within the clan, and women must go to other clans and tribes; At the same time, they married their own women to foreigners
[5]
.
Since a person is an emotional animal, this determines his or her preference among many possible objects. So there is dual marriage, which is a form of transition from exogamy to monogamy. In a pair marriage, the decision of marriage is made by the mother, who arranges the marriage for her children, and the mother decides the marriage based on the consideration of the new kinship.
The so-called "one wife" means that only one wife is allowed, which is decided by the patriarchal system which attaches great importance to the distinction of the wife. The principle that the eldest son of the eldest son inherits the property and title cannot be maintained, which will inevitably lead to the chaos of the whole patriarchal system. However, in the thousands of years of monogamy in China, polygamy was preserved and developed in the form of different wives and concubines, with the purpose of establishing the superior status of wives and concubines in the family to maintain family order. Therefore, it is accurate to say that monogamy in ancient China should be monogamy and multiple concubines. Concubines were allowed in ancient China not for men's pleasure, but to ensure the continuity of the family. Strict monogamy often makes the existence of heirs problematic. Therefore, in order to ensure that the fundamental purpose of marriage is not lost, a legal supplementary form of monogamy has emerged - 媵 concubine system, that is to say, the starting point of this system is to continue the blood of the clan
[6]
.
Marriage law refers to the legal requirements to determine the validity of marriage. Due to regional and cultural differences, marriage law varies greatly between countries.
3.1 Marriage Law of China
China's"
Marriage law
Since it was promulgated on May 1, 1950, it has only been revised once, on January 1, 1981, but a new law has been enacted in 2020.
Civil code
(effective from 1 January 2021), the old"
Marriage law
"Is also repealed. "
Civil code
In the original
Marriage law
On the basis of more attention to the demands of social livelihood, to solve the practical problems of the people, to respond to the call of The Times and the hot social life of the people's concern, to implement the socialist core values, in marriage, divorce, family relations, adoption have made adjustments in line with the changes of The Times, to further protect the legitimate rights and interests of the majority of the people, and to improve the level of socialist rule of law governance in China
[7]
.
3.2 Some special marriage laws of other countries
(1) Child marriage
Most countries have a minimum age for marriage, meaning that a person must reach a certain age to legally marry. Most age restrictions are designed to prevent children from being forced into marriage, especially if marrying an older partner can have some negative consequences, even sexual abuse and other forms of violence
[8]
. However, child marriage is still common in parts of the world. According to the United Nations, child marriage is most common in rural areas of sub-Saharan Africa and South Asia. The ten countries with the highest rates of child marriage are:
The Niger
(75%),
Chad
,
Central African Republic
,
Bangladesh
,
Guinea
,
Mozambique
,
Mali
,
Burkina Faso
,
South Sudan
and
Malawi
[9]
.
(2) Same-sex marriage
The most prominent supporters of same-sex marriage are human and civil rights organizations and the medical and scientific communities, while the most prominent opponents are religious groups
[10]
. Legal recognition of same-sex marriage is one of the most prominent goals of the LGBT rights movement. Currently, at least 27 countries and regions around the world, including the United States, have legalized same-sex marriage.
(3) Polygamy
Polygamy is not legally recognized in most countries, but it is widely practiced in Muslim countries and African countries
[11]
. Several countries, such as India and Sri Lanka, only allow polygamy among their Islamic citizens. So some Indians tried to convert
Islam
To get around these legal restrictions
[12]
. Polygamy is generally not permitted in predominantly Christian countries, with the exception of the Republic of Congo, Uganda and Zambia.
In China, especially in rural areas, it is believed that men who marry each other need to pay the woman's family
Betrothal gifts from the bridegroom to the bride's family
Now more evolved into clearly marked money. The high bride price also makes young men face huge marriage costs, which is also the main external factor for the increase in the age of first marriage of young men in rural areas, and even the phenomenon of "returning to poverty because of marriage"
[13]
. However, some scholars also believe that in addition to economic significance, dowry and dowry mainly have marital cultural significance, that is, they are accepted by farmers as a marital behavior norm and thus become a part of the marriage cultural model. This makes betrothal gift have an implication and value of strengthening cultural identity and social identity, which is an extension of family cultural significance
[14]
.
As a hot topic in today's society, extramarital affairs, or cheating, happen from time to time. In China, there is a growing trend of extramarital affairs. Although there is no clear legal provision stipulating this phenomenon, extramarital affairs are still contrary to moral values and do great harm to the family and society
[15]
. In other countries, marital infidelity is even criminalized
Crime of adultery
Punishments range from fines to flogging and stoning
[16]
.
divorce
Like marriage, it is an important personal right granted to individuals by law. In China and most other countries, divorce requires both parties to negotiate and confirm, and both parties need to deal with the division of joint property and the raising of children
[17]
. Elsewhere, the Philippines and the Vatican are the only two countries that currently prohibit divorce
[18]
.
