The Embodiment of Enhancing Family Civility in China's Civil Code

Abstract

Development of family civilization” has joined legislative language system from policy language and ethical language, and has become the basic value orientation of the Marriage and Family Section of Civil Code of the People’s Republic of China (hereinafter referred to as “the Civil Code”). We need to specify significance and jurisprudence of family civilization, and make family civilization harmonious with the basic principles (basic value orientations) of Marriage and Family Section and Inheritance Section. The significance of family civilization in the new era should be taken to include equality, respect, loyalty and unity, as is specified through the legal rules of marriage and family. Development of family civilization does not challenge freedom, but overcomes the defects of individualism in the identity community so as to fully realize the liberal and all-round development of each family member. By integrating family civilization with the basic value orientation of its Marriage and Family Section, the Civil Code has demonstrated a basic position of valuing “family” and of “coordinating the relationship between individual and family.” Moreover, it has revealed the basic attitude of Chinese people towards marital relationship and even towards marriage and family: Marriage and family provide a warm harbor of ethical love with legal significance, a weal-and-woe-sharing community of affection and property wherein family members, husband and wife in particular, focus on overall coordination. It is a close knit group of equality, harmony, solidarity, like-mindedness, mutual respect and care for the elderly and for the young, and of trust-worthy team.

Keywords

family civilization development / Civil Code / Marriage and Family Section / identity community / common family interests

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