General Secretary Xi Jinping emphasizes the "Research on the Strategy of Strengthening Population Development" in the report of the 19th National Congress of the Communist Party of China。my country as a big country，Population problem relationship The future of the entire country and the nation。In May 2021，my country ’s total fertility rate in 2020 is only 1.3，Population growth rate and amplitude continuously slowed，and approaching zero growth and negative growth，my country is facing the risk of falling into the "low fertility trap"。

Low fertility problem as a long -term and arduous task，There is no doubt that it is urgent to use the multi -channel comprehensive role and work together，Among them, the law should play the norm and guidance of human behavior。Under the new population situation，"Population and Family Planning Law" and related administrative regulations have been revised or abolished one after another，The marriage and family legal system also has important value for cracking low fertility。Different from Europe and the United States，my country’s non -marriage ratio is low，Therefore, fertility and marriage、Family relationship is still closely linked，Exhaust marriage time、The decline in married fertility rate and marriage rate、The rise in the divorce rate is several major factors that lead to the decline in fertility rate。So，Marriage and family legal system should focus on the decisive factor in the future of my country's birth population，Give full play to its standardization、Guidelines，Increases the marriage ratio of individual childbirth, and the level of fertility and fertility of individual wishes，Then help increase the number bet365 live casino games of new population，Cracking the problem of low fertility rate。Current，my country has entered the era of "Civil Code"。where，"Civil Code · Marriage and Family" integrates the original "Marriage Law" and the original "Adoption Law" and the relevant judicial interpretation since 2001，I carried out an innovation that keeps pace with the times，It is the concentrated manifestation of my country's marriage and family legal system at the moment，Giving play to its should have important value for cracked low fertility rate。

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In Chapter 1 "General Regulations"，"Civil Code · Marriage and Family" concentrated reflects its legislative concept。Population problems are closely related to the legislative concept of marriage and family legal system。First，"Civil Code · Marriage and Family Editor" deleted the principle expression of "family planning" in the original "Marriage Law" and "Adoption Law"，Reflect that my country's marriage and family legal system legislation is adjusted accordingly according to changes in family planning policies。Next，"Civil Code · Marriage and Family editor" continues the basic principles such as "Men and Women Equality" in the original "Marriage Law"。The implementation of the principle of "equality between men and women" is of multiple significance for cracking low fertility: on the one hand，The substantial promotion of the principle of "equality between men and women" will enhance the wishes of female spouse's will fertility level。Chinese women's work -Family conflict is the key factor that leads to the occurrence of low fertility rates，Promotion of the equality process of men and women within the family，If a male spouse will be more energetic, dedicated to housework and children to raise，It will effectively improve the fertility willingness of the female spouse。On the other hand，The implementation of the principle of "equality between men and women" bet365 live casino games will reverse the special boy preference of the Chinese people，The problem of improving the sex ratio of the birth population ratio，Makes the number of women in the future grow forward。The preferences of the boy of "heavy men" in our country lead to the end of the phenomenon of identifying the gender of the fetus，The number of baby girls is artificially controlled and reduced，This will directly affect the number of women in the future。again，"Civil Code · Marriage and Family Editor" continues the basic principles of the original "Marriage Law" "Protecting Women's Legal Rights"。In the marriage family，Women as the direct subject of "human production"，Undertake important responsibilities of human reproduction。Determine the protection of women's legitimate rights and interests in the legislation，Pay attention to the important role of women on social development in the "two production"，It helps to promote the real and equal implementation of men and women。Last，"Civil Code · Marriage and Family Editor" newly added "Family to Establish Excellent Family Style"，Emphasize the construction of family civilization。Marriage and family have ethical attributes，Marriage and family legal system should reflect its moral orientation and the spirit of the rule of law。Effective advancement of the construction of the family system，Including the construction of civilization construction and family relationship civilization construction，Core function that is conducive to recovery and strengthening family care for care，Promote China's family ethics and morality，It is an important public policy issue that promotes the long -term growth of the population。

　　Frame free boundary

In Chapter 2 "Marriage"，"Civil Code · Marriage and Family" on the basis of adhering to the basic principle of "freedom of marriage"，Essential conditions for marriage bet365 Play online games by setting up for marriage，Framed and guaranteed the boundary of freedom。"Freedom" will affect the number of necessary conditions to be restricted by marriage，This will directly affect the proportion of marriage for the marriage age group。The more necessary conditions for marriage, the more stringent it is，The lower the number of necessary conditions for the marriage age group, the lower，Vice vice versa。For the settings of the legal marriage age，The higher the legal marriage age，The lower the marriage ratio of the childbearing age group。The first marriage law of the Republic in 1950 stipulated the statutory age of men as 20 years of age，Women 18 years old; on this basis，1980 "Marriage Law" was raised to male 22 years old，Women 20 years old，Relocation is mainly based on the consideration of controlling population growth，To cope with excessive population、"Previous Population Problem" with too fast growth "，Promote the implementation of the basic national policy of family planning。In the background of the current population，my country can reduce the legal marriage age。other，"Civil Code · Marriage and Family Editor" substantially modified the requirements for the prohibition of marriage in the original "Marriage Law"，narrowing the scope of prohibited marriage。Article 1048 of the Civil Code deletes the prohibition of the original "marriage law that should not be married in medical"，The stipulation of it to Article 1053 is used as a case of revolt marriage，The scope of "freedom of marriage" is substantially broaden，While protecting the disadvantaged groups，Increase the proportion of marriage aging groups for marriage。

　　Persist in the common system after marriage

In Chapter 3 "Family Relations"，The problem of the property system and fertility rate of the husband and wife is largely connected。Contemporary Chinese marriage relationship is affected by "marketism"Bet365 lotto review ，Related judicial interpretation continues to strengthen the protection of personal rights，Causes "the privatization of marriage"，Weakened the protection of family stability for husband and wife property，Marriage stability becomes poor，The fertility rate will also be reduced。"Civil Code · Marriage and Family Editor" improved the legal couple's property system，Article 1062 Following the common system after marriage。The common system after marriage is in line with my country's traditional culture，More conducive to the husband and wife，Especially female spouses，Eliminate its hidden concerns about the economic situation when paying for the family。With the development of the economy，Conflict and balance between professional women's work and family life have an important impact on their willingness to fertility。From the perspective of economic rationality，Studies have shown that women's postponement of early childbirth can gain more economic benefits。So，Women's fertility will inevitably sacrifice their career development and economic income as a price。In this background，Marriage and Family Legal System Persist in the Common System of Come after Marriage，Labor income after marriage shared by husband and wife，Make the fertility of the female spouse and the equivalent of income，To a certain extent, the worries that female spouses may be damaged to their economic benefits when they are undergoing fertility。

　　Set the "Divorce Calm Realing Period"

In Chapter 4 "Divorce"，The degree of freedom of divorce is also related to fertility issues with the divorce property division。First，The difficulty of divorce will affect the stability of marriage。Article 1077 of the "Cultural Code" adds a "divorce calm period" system，Through the "Divorce and Calm period" system。Most studies indicate，Marriage stability has a general positive effect on fertility rate。Bet365 lotto review my country as a country with a low cost of divorce in the world，The concept of divorce of "absolute freedom" has caused a great impact on family stability，To a certain extent, the people lack a sense of security and confidence in marriage，"Marriage" should be weakened，Women's willingness to fertility is naturally affected。The "Divorce Calm period" system makes the parties fully、Calling the consequences of divorce，Reduce impulse divorce，It is conducive to the improvement of marriage stability，Understanding of the normal development of fertility rate。Next，"Civil Code · Marriage and Family Editor" improves the divorce relief system，The scope of the applicable scope of the family labor compensation system，That is, the husband and wife have more obligations due to "breeding children"，Divorce has the right to request compensation from the other party。Family labor infiltrates human attributes and strong emotional factors，At the same time, it also has a certain amount of property value。On the one hand，"Fertility and Labor" as part of the "childcare children"，It is a unique family labor value of women; on the other hand，Generally speaking，The woman's party assumes more responsibility for "childcare children"，Sacrifice more of your own development opportunities and devote themselves to the family。So，The expansion of the family labor compensation system will help better protect the interests of women "care for children"，So as to increase the fertility willingness of women。

To sum up，"Civil Code · Marriage and Family Editor" is based on its legislative characteristics，Continuing the relevant principles and regulations，It is also combined with the current low fertility rate of the current low fertility rate through a series of adjustments，We should maximize the improvement of its legal effect to promote fertility in judicial practice。At the same time，Marriage and Family Legal System bet365 live casino games still exists in the modification and improvement of our thinking，Adjustment of legal marriage age、The rule of law of the rule of law and artificial auxiliary reproductive technology，to make it better play the guidance and regulation function，Contributions to the problem of cracking the problem of low fertility rate。

　(Author Unit: School of Law of Xiamen University)