婚姻法解释（三）争议下的当代中国人婚姻观

Abstract

The status quo of marriage tends to reflect the culture and value of a society. Marriage Law, as the restriction and guarantee of the marriage often reflects the mainstream culture and value of the society in which the marriage is constituted. Based on the analysis of the dispute clause of the Marriage Law of China, established and put into effect in 2011, the article analyzes contentious clauses of Judicial Interpretation of Marriage Law(3) in combination with its practice. The article mainly concentrates on the problem of the division of property and reproductive rights. The Judicial Interpretation of Marriage Law (3) follows the principle of property belonging to the Property Law and emphasizes equality between men and women. Women have been given greater options and autonomy in terms of reproductive rights. This paper looks to analyze the concepts behind the dispute, with high emphasis, in regards concerning the specific aspects of social culture and looks to explore the attitude of Chinese people to recent legal modifications therein. Furthermore, it looks to concrete on the reflection and influence of the legal modification on the Chinese people’s concept overall concept of marriage in both a modern as well as historical sense. The Chinese people believe that equal and independent relationship between men and women is the premise of establishing a working marriage relationship, which can also manifest the essence of the marital relationship. The marriage House property is no longer a material guarantee for taking risks in the marriage. Marriage tends to be free, and people’s attitude towards marriage of tends to be faint. The old conception of fertility under the influence of Confucianism has greatly changed over time. In order to maintain the independent economic and social status, the decision of the Chinese female with regards to reproductive choice has become more greatly strengthened than perhaps any other time in the countries long history. Child rearing and the establishment of the family has long been an accelerator for promoting（harmonious） the development of marital relationships, which it can be argued has propelled society forward and yet is not essential for all relationships. In this regard, the interpretation of the Judicial Interpretation of Marriage Law(3) shows that the country level encourages women to be on an equal footing with their male counterparts when entering into the union of marriage. The specific provisions of China Marriage Law reflect growing respect for and protection of women’s rights and interests.