Zheng Xuan went on to say that the husband's name is "faint" and the wife's name is "marriage". Because the groom gets married at dusk,
So he is called "faint" and the bride follows the man, so it is called "marriage". This explanation is similar to the previous statement, but the meaning is different, because this marriage refers to the relationship between husband and wife.
In addition, erya has a complicated explanation of the word marriage:
"The husband's father is married, and the wife's father is married ... The wife's parents and the husband's parents are called marriage." This means that the father of the groom is called "marriage" and the father of the bride is called "marriage". The word marriage here means affinity.
Today, it is difficult for us to point out which of the above three statements is right or wrong, because after more than a thousand years of evolution, not only the meaning of marriage has developed more completely, but also the relationship between in-laws has expanded a lot.
Some modern sociologists define marriage as the relationship between men and women after a ceremony according to laws or social customs.
From this definition, we can see that marriage includes not only the ceremony of marriage, but also the laws made by boring families or the customs recognized by society. Men and women become husband and wife through marriage, and their families also become relatives.
The relationship between men and women predates the origin of marriage. This is because "sex" is a primitive physiological need of human beings, so the relationship between men and women has existed since human beings. But marriage in primitive society is only a "natural phenomenon". With the development of human knowledge, the relationship between men and women has been gradually standardized.
At this time, the marriage between men and women has become a "social phenomenon".
Therefore, marriage must be recognized by national laws or social customs, and so must men and women.
Only after marriage can we call it husband and wife and start a family.
Why is there a natural marriage phenomenon in the primitive society of marriage, which can meet the primitive sexual and physiological needs of human beings? Then why should we establish a marriage relationship, establish systems and norms, and establish this "shackle of human nature"
It is difficult to verify the reasons and times of the first marriage system. We can only trace the possible causes of marriage from some functions of marriage.
German sociologist Mailer Lear once summed up the motives of marriage as three reasons: economy, children and feelings, which has been widely recognized by the world.
In the early marriage relationship, economy is a very important factor. From some fragments recorded in the Book of Songs, we can know the early friends' assistance to the family economy. The Book of Songs says, "Adultery."
Hands can sew clothes ","women hold baskets "... and love Rousang". The Book of Rites also says that women should make silk, cloth and silk. Brewing also belongs to women's work. In the past, in some parts of our country, men married early and married older wives, which was the custom of "the first wife". This main purpose is also to help the family economy.
In the history of our country, reproduction has always been the main reason for marriage.
It is said in the Book of Rites that "the next generation will inherit the offspring". Confucius once took childlessness as one of the seven conditions, and Mencius also said: "There are three kinds of unfilial, and no offspring is the biggest." In the Han Dynasty, women were barren and even imprisoned. In the Northern Wei Dynasty, officials suggested that those who refused to take concubinage without children should be punished as unfilial. Until the Reform Movement of 1898 in Qing Dynasty. The idea of seeking freedom is getting higher and higher. They have a new understanding and opinion of their feelings and a new view of the marriage system. More and more people pursue free love, and some even sacrifice for love. Modern marriage is dominated by emotional factors. Men and women love each other and feel that there is a * * * group family, so they go through the marriage registration formalities and enter the marriage life. There are three kinds: economy, children and feelings. In the Middle Ages, children came first and economy came second. In modern times, love comes first and children come second. This evolution reflects the discovery and attention of human values from generation to generation.
Provisions in the marriage law
China's marriage law is a regulation to adjust people's marriage and family relations and a guide for people to correctly handle marriage and family relations. It stipulates the principles of marriage, the conditions of marriage, the rights and obligations between husband and wife, the relationship between father and children, brothers and sisters, grandparents, grandchildren and other relatives, and the rules for raising children after divorce. The basic principles of China's marriage law are: freedom of marriage and monogamy. Socialist marriage system with equal rights for men and women. Protecting the legitimate rights and interests of women, children and the elderly and carrying out family planning are the basic principles for dealing with marriage and family relations.
Marriage law is applicable to all citizens, and it is an important law related to the social and family life of thousands of households, men, women and children.
First, freedom of marriage.
Freedom of marriage is a basic principle of China's marriage law, including freedom of marriage and divorce.
Freedom of marriage, that is, marriage must be completely independent and voluntary by both men and women, and neither party is allowed to force the other, nor is any third party allowed to interfere. As long as the two sides establish feelings and voluntarily form a family, which conforms to the relevant provisions of the Marriage Law, they can register for marriage and are not restricted and influenced by differences in family background, social status, personal qualifications, occupation and property. Freedom of marriage is a democratic right enjoyed by citizens on marriage issues, regardless of whether unmarried men and women get married or remarry or remarry after divorce.
Freedom of divorce, that is, after marriage (from the date of marriage registration), if the relationship between husband and wife cannot be maintained for various reasons, both parties voluntarily divorce, and divorce is granted. If one party insists on divorce, mediation fails, and the relationship between husband and wife has indeed broken down, divorce is granted; The relationship between husband and wife has not yet broken down, and divorce is not allowed if it is possible to make up. Do a good job of the parties and their relatives and promote reconciliation through mediation.
Second, the provisions on equality between men and women.
The contents of the principle of equality between men and women determined by China's marriage law are as follows: (1) Both men and women have equal rights and obligations in marriage and divorce; (two) after the marriage registration, according to the agreement between men and women, the woman can become a member of the man's family, and the man can also become a member of the woman's family; (3) Husband and wife have equal rights and obligations in personal relations and property relations; (4) Both husband and wife have equal rights and obligations in supporting the elderly; (5) Parents have equal rights and obligations in raising and educating their children; (six) children can take their father's surname or their mother's surname; All male and female family members, such as brothers and sisters, enjoy equal rights and obligations in the family.
Third, what conditions do you need to get married?
Only those who meet the following conditions can get married: (1) Both men and women are completely willing, and neither party is allowed to force the other party, nor is any third party allowed to interfere; (2) Neither party shall have a marriage relationship with a third party; (three) must reach the age of marriage: men should not be earlier than 22 years old, women should not be earlier than 20 years old; (4) There must be no physical defects that should not be married. People suffering from incurable leprosy or other diseases that are medically considered unsuitable for marriage are prohibited from getting married; (5) There must be no blood relationship between the two parties that should not be married, and marriage is prohibited between lineal blood relatives and collateral blood relatives within three generations.
Fourth, marriage should be registered.
Both men and women who meet the conditions for marriage and do not violate the prohibition of marriage must register for marriage in person at the marriage registration office. After examination and approval by the registration authority, registration is granted and a marriage certificate is issued, so that it can be protected by law. Go to the marriage registration office in accordance with the provisions of the Measures for Marriage Registration promulgated by 1986. In the city, it is the sub-district office of the district people's government or its dispatched office, and in the countryside, it is the township people's government. Both men and women must apply for marriage registration in person at the marriage registration office where one party's household registration is located, and hold my resident ID card or household registration book and the certificate issued by the villagers' committee, residents' committee or work unit about my date of birth and marital status (unmarried, divorced or widowed). When applying for remarriage, you should bring legal documents that prove that you have divorced your ex-spouse, such as divorce registration certificate or legally effective divorce judgment or mediation book. Both men and women applying for marriage registration shall truthfully reflect what the marriage registration authority must know. The marriage registration authority shall criticize and educate the parties concerned if they find that they have violated the marriage law and deliberately concealed it. If the circumstances are serious, it shall be submitted to the people's court for handling according to law.
Direct blood relatives and collateral blood relatives
Kinship refers to blood relatives. Kinship can be divided into direct blood relatives and collateral blood relatives. Lineal consanguinity refers to relatives who are related by blood, such as their own biological parents and grandparents. Biological children, grandchildren and grandchildren are all direct blood relatives of the younger generation from their own down. Collateral blood relatives refer to relatives who are indirectly related by blood, that is, blood relatives other than lineal blood relatives are the same as themselves.
Collateral blood relatives within six to three generations
Collateral blood relatives within three generations refer to relatives who trace back to the same blood source from themselves, and then count down to the third generation. For example, to calculate which generation of collateral blood relatives the man and his cousin belong to, we can first trace them back to his grandparents who are of the same blood as his cousin through his mother. Grandparents are the first generation, counting down to his cousin's mother, that is, my aunt, as the second generation, and counting down to his cousin, as the third generation. The law forbids the man to marry himself. According to this calculation, all brothers and sisters, cousins, aunts and nephews are collateral blood relatives within three generations, and marriage is prohibited. According to our traditional custom, collateral blood relatives within three generations, except cousins, have always been forbidden to get married, so we should focus on changing the habit of allowing cousins to get married at present.
Seven, husband and wife * * * with all family property.
The period from the marriage of husband and wife to the death or divorce of one party is the legal period of the marriage relationship. During this period, the property acquired by both husband and wife belongs to all family property of both husband and wife. Both husband and wife have equal rights to dispose of property. These properties include: labor remuneration of both husband and wife. If one of them doesn't work and does housework at home, their labor remuneration is the same as that of husband and wife. Property acquired by both parties or one party due to inheritance or bequest, or property donated by others, also belongs to the joint property of husband and wife.
Eight. Rights and obligations of parents towards their children
Parents have the right and obligation to discipline and protect their minor children.
Discipline first refers to parenting education. Parenting education is the basic obligation of parents and the responsibility of parents to the country, society and collective. The obligation to support children is mainly for children who have difficulties in life and are unable to work. When parents fail to perform their maintenance obligations, minors or children who cannot live independently have the right to ask their parents to pay maintenance, and the educational obligation is mainly aimed at minors. Parents should love the motherland, people, labor, science and the public.
In order to let parents know that disciplining their children is a sacred duty entrusted to every parent by the state, the Marriage Law clearly stipulates: "Parents have the right and obligation to discipline and protect their minor children, and they have the obligation to compensate for economic losses when their minor children cause damage to the state, the collective or others." The law does not allow parents to abuse or abandon their children. The law also prohibits drowning or other criminal acts that hurt babies.
Nine. Rights and obligations of children to their parents
Children have the obligation to support and assist their parents. This means that parents lose their ability to work when they are old, or parents need their children to take care of their lives for health reasons. Children's support and assistance to their parents is not only a basic moral requirement, but also an obligation expressly stipulated by law. Parents who are unable to work or have difficulties in life have the right to ask their children to pay alimony when their children fail to perform their alimony obligations. The law does not allow children to abuse or abandon their parents. When their parents die, their children will inherit.