Is the marriage law the source of law in our country?

Criminal law and Criminal Law (the abbreviation of the Criminal Law of the People's Republic of China, the so-called Criminal Code) are not the same concept, and criminal law is a legal department composed of legal documents and provisions on what a crime is, and how to punish it, including the Criminal Law. For example, a certain provision in the Tort Liability Law provides that "......if a crime is constituted, criminal responsibility shall be investigated in accordance with the law", then this article belongs to the category of "criminal law". Similarly, the Marriage Act and the Marriage Act are not the same legal concept.

The so-called source of law refers to the external manifestation of law, such as a certain legal document. We can call a specific legal document a source of law), but we cannot call a departmental law a source of law. Therefore, the Marriage Law is not a source of law, the Marriage Law is a source of law.

I don't know exactly how your topic is formulated, but when it comes to formal sources, marriage law is also a law, and local regulations are also legal sources.

It is a source of law.

The source of the law is the form of the law.

The Marriage Law, Criminal Law, Administrative Regulations, and Departmental Rules are all there.

Non-sources of law include: policies, legal customs, precedents, etc.

It depends on what topics and origins are divided into history, theory, essence, etc.

Legal Analysis: After the founding of the People's Republic of China, it was announced that the old legal system would be abolished, and the chains of the old marriage and family system that had bound the people of Chunxiangbu in China for thousands of years were broken by the marriage and family system of the new society. On May 1, 1950, **People** promulgated and implemented the "Marriage Law of the People's Republic of China".

The 1950 Marriage Law was not only the first law with the nature of a basic law promulgated after the founding of the People's Republic of China, but also enjoyed a high international reputation, and was praised by foreign scholars as the "Declaration on the Restoration of Women's Human Rights" in New China. The task of this law is not only to abolish the feudal marriage and family system and establish a new democratic marriage and family system, but also to create a socialist marriage and family system.

Legal basis: Article 1260 of the Civil Code of the People's Republic of China: This Law shall take effect on January 1, 2021. The Marriage Law of the People's Republic of China, the Inheritance Law of the People's Republic of China, the General Principles of the Civil Law of the People's Republic of China, the Adoption Law of the People's Republic of China, the Guarantee Law of the People's Republic of China, the Contract Law of the People's Republic of China, the Property Law of the People's Republic of China, the Tort Liability Law of the People's Republic of China, and the General Provisions of the Civil Law of the People's Republic of China shall be repealed at the same time.

The Marriage Law is not based on the Civil Code, but is a law belonging to the Civil Law system, and the Marriage Law is the basic norm for marriage and family relations. The Marriage Law clearly stipulates that marriage in China is subject to the marriage system of freedom of marriage, monogamy, and equality between men and women. Protect the legitimate rights and interests of women, children and the elderly.

Family planning is practiced.

Arranged marriages, buying and selling marriages and other acts that interfere with the freedom of marriage are prohibited. It is forbidden to solicit money or property under the pretext of marriage. Bigamy is prohibited. It is forbidden for a spouse to cohabit with another person. Domestic violence is prohibited. Abuse and abandonment between family members are prohibited.

The "Marriage Law" is not formulated in accordance with the Civil Law, and the "Marriage Law" is a very important law in China's civil law system, and it is the basic norm for marriage and family relations in China, and the Marriage Law clearly stipulates that China's Marriage Law implements a marriage system of freedom of marriage, monogamy, equality between men and women, and protects the legitimate rights and interests of women, children, and the elderly.

Legal Analysis: The main sources of China's marriage law are: 1

Constitution; 2.Law; 3.the relevant rules formulated by the administrative law and the departments to which they belong; 4.

local laws and regulations and relevant provisions of ethnic autonomous areas; 5.judicial interpretations made by the Supreme People's Court and relevant precedents cited and recognized; 6.International treaties to which our country is a party and to which we are a party.

Legal basis: Civil Code of the People's Republic of China

Article 1040:This Part regulates civil relations arising from marriage and family.

Article 10: The handling of civil disputes shall be in accordance with law; Where the law does not provide for it, custom may be applied, but it must not be contrary to public order and good customs.

Article 11: Where other laws have special provisions on civil relations, follow those provisions.

Article 12: The laws of the People's Republic of China apply to civil activities within the territory of the People's Republic of China. Where the law provides otherwise, follow those provisions.

The legal sources of China's marriage and family law include the Marriage Law of the People's Republic of China and the Inheritance Law of the People's Republic of China, which aim to protect the legitimate rights and interests of women, children and family members, and promote family harmony and stability.

China's Marriage and Family Law is an important law that protects the rights and obligations of marriage and family and regulates the relationship and behavior of family members. Its legal sources include the Marriage Law of the People's Republic of China, the Inheritance Law of the People's Republic of China, and the Tort Liability Law of the People's Republic of China. Among them, the Marriage Law of the People's Republic of China is the basic law of the Marriage and Family Law, which stipulates the establishment of marriage relations, the rights and obligations of husband and wife, divorce and its effects, etc., and protects the legitimate rights and interests of family members and the harmony and stability of the family.

The Inheritance Law of the People's Republic of China stipulates the scope of heirs and the legal order of succession, and protects the legitimate rights and interests of women, children and other family members. In addition, the Marriage and Family Law is also supported and cooperated by other laws such as the Constitution and the Civil Code. For example, in accordance with the provisions of the Constitution of the People's Republic of China, the State protects the legitimate rights and interests of women and children and promotes family harmony and stability; According to the provisions of the Civil Code of the People's Republic of China, husband and wife shall be faithful to each other, help each other, jointly manage family property, and may deal with it by agreement if there are special circumstances.

In short, the legal sources of China's marriage and family law are multifaceted and involve many legal fields, aiming to protect the legitimate rights and interests of women, children and family members, and to promote family harmony and stability.

What are the main contents of China's marriage and family law? The main contents of China's marriage and family law include the establishment and dissolution of marital relations, the rights and obligations of husband and wife, the rights and obligations of children, and the disposal and inheritance of property. Specifically, it includes the management of joint property of husband and wife, inheritance, and prevention and treatment of domestic violence.

Through the regulation of the Marriage and Family Law, the legitimate rights and interests of women, children and family members have been safeguarded, and family harmony and stability have been promoted.

China's Marriage and Family Law is the legal basis for protecting the rights and obligations of marriage and family, and its legal sources include many aspects of law, aimed at protecting the legitimate rights and interests of women, children and other family members, and promoting family harmony and stability. We should conscientiously study and implement the Marriage and Family Law, respect the relationship between family members and the code of conduct, and contribute to maintaining a good family environment and social harmony and stability.

Legal basis]:

Article 1 of the Civil Code of the People's Republic of China: This Law is enacted on the basis of the Constitution so as to protect the lawful rights and interests of civil subjects, adjust civil relations, preserve social and economic order, adapt to the requirements of the development of socialism with Chinese characteristics, and carry forward the Core Socialist Values.

a.Constitution bAdministrative regulations and rules formulated by the department to which the department belongs cLocal rules and regulations.

d.Judicial Interpretations of the Supreme People's Court.

Check out the answer analysis [correct answer] ABCD

Answer analysis] The sources of China's marriage and family law include the Constitution and other laws, administrative regulations and rules formulated by the Ministry of Marriage and Family Law, local regulations, rules and adaptations of ethnic autonomous areas, judicial interpretations of the Supreme People's Court, and international treaties concluded or acceded to by China. （p67）

Knowledge points of this topic: the legal sources of marriage and family law

The law of marriage is a law that is inferior to private law. Private law mainly refers to the laws that regulate the relationship between ordinary citizens and organizations. The Constitution, administrative law, criminal law and related procedural laws are public law, while civil law, commercial law and civil procedure are private law.

On May 1, 1950, the Marriage Law of the People's Republic of China (hereinafter referred to as the 1950 Marriage Law) came into force. This was the first law of a basic legal nature promulgated after the founding of the People's Republic of China, and it was promulgated four years before the 1954 Constitution.

This new China's first law, which has only 8 chapters and 27 articles, completely subverts the traditional marriage of "the order of the parents and the words of the matchmaker", and in addition to the dregs of the feudal marriage system, such as arranged marriages, concubinage, and men stopping their wives and repudiating their wives at will, the four basic principles of "freedom of marriage, monogamy, equality between men and women, and protection of the legitimate rights and interests of women and children" established by it have also been used to this day, and have become the basic melody of China's marriage and family legislation.

With the promulgation of the Civil Code on January 1, 2021, the Marriage Law was repealed.

Legal Analysis: No. The Marriage Law has now become a part of the Civil Code of the People's Republic of China, and is not a separate law, but an integral part of the Civil Code.

Legal Basis God Chain Dress:

Legislation Law of the People's Republic of China Article 7 The National People's Congress and the Standing Committee of the National People's Congress exercise the legislative power of the State. The National People's Congress enacts and amends criminal, civil, state institutional and other basic laws. The Standing Committee of the National People's Congress formulates and amends laws other than those that shall be enacted by the National People's Congress; When the National People's Congress is not in session, the laws enacted by the National People's Congress are partially supplemented and amended, provided that they do not contradict the basic principles of the law.

In October 2008, he took the self-study examination "Marriage and Family Law", the real questions, multiple-choice questions, and the first 8 questions.

a.Juxtaposed legal departments.

b.The law of marriage and family includes civil law.

c.Marriage and family law is equivalent to civil law.

d.Civil law includes family law for marriage.

See the answer explainedCorrect Answer:dAuthoritative analysis of school name teachers:Page 42 of the textbook.

Marriage and family law is a relatively independent part of civil law, and its relationship with other civil laws is an internal relationship within the same legal department.