Chinese Women, Asian Women, Online Dating & Things Chinese and Asian
Beautiful
Chinese
Women
of
CLM
Beautiful
Asian
Women
of
ALM
Panda, a common typing and binding worker in State Grid for 21 years. Own a bachelor degree of Chinese Language and Literature, and a certificate of teaching Chinese. She is pursuing a Master of Chinese Classical Literature in HuBei University, and studying the novels of Ming & Qing dynasties.
Articles :
91
Views :
431081
Comments :
872
Create Time :
2010-05-01
This Blog's Articles
Index of Blogs
Index Blog Articles

The New Marriage Law and Its Effect on the High Divorce Rate in China    

By Panda
6718 Views | 12 Comments | 6/1/2012 10:23:32 PM

When the kernel of marriage becomes weakening...

When it comes to divorce, must understand the nature of marriage. Marriage is not born between men and women, it is the two sides reached a contract in order to better support future generations. But from the animal, male is inclined slightly polygamous, meaning that monogamy marriage is inconsistent with the human instinct of mankind, wanted to reinforce a marriage requires both sides to increase investment, at the same time increasing the cost of withdrawal of marriage, the divorce cost.

Traditionally, maintenance and guarantee the rights of women, mean stability and harmony in the family. For men, they need marriage to be determined their future generations, while the woman longing for marriage, means that there is a man willing to take her and her descendants. Therefore, sex is the gift women for men, and marriage is the gift men for women; from the Victorian era began, the patriarchal family is so, father hands daughter, and her virginity to her groom in return for bride-price and the groom's commitment to his daughter.

Now, growth rate in China is one of the main reasons for divorce cost reduction, including time costs, energy costs, such as cost, reputation, social opinion costs, including both divorce and in the actions of divorce proceedings to be too simplified, which, with the new interpretation of Chinese marriage law has a direct relationship. In romantic love of France, if one of the spouses for divorce must be separated for more than three years, unless there is a serious fault, generally within six months of the marriage shall not be divorced; if a joint application for divorce after six months, to 3 months consideration period. In Germany and Switzerland, did not recognize confer divorce, even if both parties are willing to divorce are subject to court review agrees, and demands that the parties may only apply for more than one year non-contentious divorce of separation if divorce is party apply for litigation, the required separation more than three years. In the United Kingdom, if the divorce between the two sides, from the date of the declaration for the first time after nine months of soul-searching consideration period, can apply for divorce again; and for action for divorce, separation is required for two years, if the defendant does not agree with divorce, separation for five years in a row before the prosecution is required. Apply for divorce in China is "have something ready while waiting ", divorce has no limit on the day after her marriage, flash marriage, short marriage was common. In addition, even if the divorce only is litigation, the parties just need separated two years.

On the economic costs of divorce, many women of other countries can get alimony until the remarriage after a divorce, because of the perfection of the credit system in many other countries, the woman asked for child support is also very easy. For example in Japan, mortgage buyers accompanied by life, divorce, the woman can get 70% real estate, this "unfair" law, effectively constrain Japanese family stability. And in recent years a new revised Japanese marriage, wife lodged a complaint of divorce will obtain half of the husband's pension.

But the new interpretation of the new marriage law of China, is actually emptied a man to a woman “ Gifts ” Kernel, let marriage become a dispensable, lack of security, there is no sense of security does not mean that surely promises of things. In other words, men's gift is really just a box, no substantive content. For example, you always thought you were 50% equity partner, now the new interpretation suddenly tells you, you only have 50% option of wage-earners, and may be laid off at any time. One can imagine that men will be more willing to get married, because of marriage, divorce for him without loss; and for disadvantaged women, they will maintain a wait-and-see attitude to marriage, would prefer not to marriage and bear, because marriage does not mean any protection.

More puzzling is that this is carried out under the banner of equality between men and women in. Should human society is gender equality, or should the male strong female weak to act their respective roles? I prefer the latter. Female reproductive value declining with growth, aging, marriage history, while men are basic not affected, physiological constraints could not be achieved if men and women on a basis of equality of rights, required obligations equality of men and women, is actually the total inequality.

A marriage law, far-reaching impacts, but modification again and again. Anomie increase, will inevitably lead to social instability. Pass on the principal contradiction in society to small family, will inevitably lead to instability in the marriage. I can understand that kind of pain older parents bought the marriage house for his son, but be claimed by daughter-in-law flash marriage. But the stop-gap approach will not solve the underlying problem. For girls, is same to married men owned houses, original ownership of the right become residence of the right, causing the girls prefer empty handed men who can't afford to buy a house strike out together, or simply of a girl leans on a moneybags.

All in all, I do not care of the judicial interpretation of the law, it took empty the contents of marriage, reduced divorce costs, made the gender status of the Matthew effect, strong becomes stronger, weak becomes weaker, rising divorce rates. At the same time, also makes same-sex competition the Matthew effect, strong becomes stronger, weak becomes weaker, most of the efforts to safeguard the rights and interests of women to reduce, therefore women are more inclined to look for new protection, not conducive to the stability of marriage. More likely to happen is that of the new interpretation of the equivalent encourage women's participation in men's competition, last butch women pervade the whole of society, stimulus women grab cash in disguise so that two genders are always competitive and beware of the antithesis of each other, is not conducive to family harmony and social stability.

从婚姻法《新解释》浅谈中国高离婚率成因

说到离婚,必须要弄清婚姻的本质。婚姻并不是男女生来就有的,它是双方为了更好地抚养后代而达成的契约。但从动物性来讲,男性本来就是倾向于轻微多偶的,也就是说,人类的单配制婚姻并不符合人类的本能,想要加固一个婚姻,需要双方加大投入,同时增加撤销婚姻的成本,即离婚成本。
历来,维护和保证女性的权益,意味着家庭的稳定和和谐。对于男性而言,他们需要婚姻来获得确定的后代,而女人更渴望婚姻,意味着有男人愿意承担她和她的后代。因此,性是女人给男人的礼物,而婚姻则是男人给女人的礼物;从维多利亚时期开始,那些父权家庭们便是如此,父亲将女儿和她的贞洁送到新郎手上,以此换取新郎的聘礼和对他女儿的承诺。
现在,中国离婚率增长主要原因之一是离婚成本降低,包括时间成本、精力成本、社会舆论成本、个人名誉成本等,也包括无论是协议离婚还是诉讼离婚的程序过于简化,这些,跟中国婚姻法的《新解释》有直接关系。而在爱情浪漫的法国,如果夫妻一方要求离婚,必须分居三年以上,除非对方有严重过错,一般婚后六个月内不得离婚;如果六个月后共同申请离婚,还要3个月的考虑期。在德国和瑞士,根本不承认协议离婚,即使双方都愿意离婚也要经过法院审查同意,且要求双方分居一年以上才可能申请无争议离婚;如果是一方申请诉讼离婚,则要求分居三年以上。在英国,双方若协议离婚,则从第一次声明之日起要经过九个月的反省考虑期,才能再次申请离婚;而对于诉讼离婚,则要求先分居两年,若被告同意离婚才能判决,若被告不同意离婚,则要求起诉前连续分居五年。而中国申请协议离婚是“立等可取”,结婚后当日离婚也无限制,闪婚、短婚很常见。另外,即使是诉讼离婚,也只需当事人分居两年。
在离婚的经济成本上,很多国家离婚之后的女性可以获得赡养费直至再婚,由于国外信用制度的完善,女方索要孩子的抚养费也是非常容易。例如在日本,房贷几乎伴随购房者一生,如果离婚,女方可以获得70%的房产,这样“显失公平”的法律,却能有效约束日本家庭稳定。而根据近年新修改的日本婚姻法,提起离婚诉讼的妻子可获得丈夫退休金的一半。
  但中国新婚姻法的《新解释》,实际上是掏空了男人给女人的这件“礼物”的内核,让婚姻变成了一个可有可无、缺乏保障、没有安全感也不意味着必然承诺的事物。换句话说,男人送出的礼物实际上只是一个盒子,里面没有任何实质性内容。打个比方说,你一直以为自己是50%股权的合伙人,现在《新解释》突然告诉你,其实你只是有50%期权的打工仔,而且随时可能下岗。可想而知,男人会更愿意结婚,因为结婚、离婚对他而言并无损失;而对于原本处于弱势的女性而言,她们对婚姻会更加保持观望态度,会更愿意不婚和不生育,因为婚姻并不意味着任何保障。
更令人费解的是,这是在打着男女平等的旗号下进行的。人类社会到底应该是男女平等,还是应该男强女弱各自做好各自的角色?我更倾向于后者。女性生殖价值随生育、年龄增长、婚史而下降,而男人却基本不受影响,如果在男女生理所限无法实现权利平等的基础上,强求男女义务平等,其实就是彻底不平等。
一部婚姻法,影响深远,却一改再改,失范性增大。把社会的主要矛盾转嫁到社会单元的小家庭身上,必然导致婚姻的不稳定、社会的不稳定。可以理解,年长的父母为儿子买了婚房,却被儿媳闪婚夺走那种苦楚,对于女孩而言,同样是和有房男人结婚,原本的所有权变成居住权,必然导致女孩们更愿意和买不起房的男人白手打天下或者索性傍大款。
总而言之,我不看好这次的婚姻法的司法解释,它抽空了婚姻的内容物,减低了离婚的成本,使得两性地位发生了马太效应,强的更强,弱的愈弱,离婚率不断攀升。同时,也使得同性竞争发生了马太效应,强的更强,弱的愈弱,对大多数女性权益的维护力度降低,因此女性会更倾向于寻找新的保障,不利于婚姻稳定。更可能发生的情况是,《新解释》相当于鼓励女性参与男性竞争,最后导致男性化的女人充斥整个社会,变相刺激女性抓现钱,使得两性始终处于竞争和相互提防的对立面,不利于家庭和谐和社会稳定。

Copyright owned jointly by Author and CyberCupid Co., Ltd. Breach of copyright will be prosecuted.
Comments
(Showing 1 to 10 of 12) 1 2 More...
#2012-06-02 06:26:52 by kalzorch @kalzorch

I agree that marriage is basically a protection for women, yet behold the number of otherwise-intelligent women who decide to live with a man without marriage. This gives the man everything he wants, at no cost in commitment.

#2012-06-02 21:38:58 by JohnAbbot @JohnAbbot

Cao Hui, I appreciate where you're coming from here, and I agree that in the distant past marriage has been for the protection and security of the woman, but I'm not convinced at all that is the way it should be going forward. Personally I would favour marital laws that are entirely asexual. Whatever rights the partners have, they should have equally. And the laws should be minimal. Women are in most parts of the world fast gaining equality. China may be lagging slightly behind right now, but as in almost all things she will no doubt leap forward and catch up before we know it.

People should be getting married because the love each other, treasure each other and want to spend the rest of their lives together, unfettered by financial obligations or legal obligations other than those that exist between all members of society. Criminal laws should apply - they can't beat one another, or defraud one another or otherwise commit crimes against each other. But generally they should be free to make their own arrangements according to their unique needs.

In that case, those couples who were truly meant for each other will have good marriages which will last forever. Those couples who are not meant for each other will have marriages that do not last and they will go their separate ways. And that is the way it should be.

It only matters how easy a marriage can be terminated if it isn't meant to last, and if a marriage isn't meant to last the faster it can be ended the better, so in that respect I think the Chinese fast and easy divorce between consenting adults who both want out makes a world of sense. If marriage is made a prison, then everyone will want to escape.

#2012-06-02 23:16:57 by panda2009 @panda2009

People should be getting married because the love each other, treasure each other and want to spend the rest of their lives together, unfettered by financial obligations or legal obligations other than those that exist between all members of society.
John, If you said above that is tenable, we absolutely needn't marriage. People love each other, treasure each other and want to spend the rest of their lives together who can live together without marriage.

#2012-06-02 23:46:48 by anonymous3730 @anonymous3730

If a man can get everything he wants just by living with a woman and no legal commitment...why get married at all? Just have fun and sex, right? Is marriage an outdated pre-21st century concept now? Should it be abolished altogether? I don't think society would collapse. People would just have a greater number of short-term relationships...live with and have sex for about 3-6 months...maybe for a year...and then move on to the next person. I think the number of children would diminish because having kids restricts personal freedom and increases debt...this would be good for the planet because of all the overpopulation. Win win scenario for all?

#2012-06-03 12:54:10 by JohnAbbot @JohnAbbot

Marriage is a means of signifying to a partner that you mean to commit for life and you want your partner to commit too. It adds a layer of security that most people desire. So it has a purpose, but it should not be turned into a jail cell where escape is difficult. I do not think marriage is necessary and I know several couples who have lived together for many years without marrying, and so long as that suits them, so be it. The institution of marriage must either evolve to suit the times or it will become extinct, and modern times demand that it be less rigid and more fair and equal for both sides.

#2012-06-03 14:42:23 by panda2009 @panda2009

Marriage is a means of signifying to a partner that you mean to commit for life and you want your partner to commit too. It adds a layer of security that most people desire.

That's right. Just like vegetarian diet most of the time and not up to people's tastes, humans eat them only for their health.

#2012-06-04 03:34:16 by happyscorpio @happyscorpio

Family is the basic cell of our society. It was and it will be. Kids need to have a stable environment. I see already too many mentaly handicapped cause of the lack of a present father and mother. Keyword: self-confidence !! So, who´s life plan is to have wife and kids should take all necessary legal acts. Means marriage etc. If somebody does not want to have this "burden" . . . OK! Don´t "produce" kids and be a free bird.

#2012-06-04 06:47:20 by lotusmaster @lotusmaster

Great blog! We have to remember that marrying who you "love" is relatively new. Even in America 200 years ago you married who your parents told you to. Love is situational and not a very good reason to have children. Many people fall in love and their physiology is so incompatible that they need doctor and timers and body heat monitors just to procreate. This is why men of old had wives and concubines. Much like other pack animals on this planet, alpha females make the best offspring but are the worst mothers. This is why the omega female raises the kids.
Anyway let me ask you, how new is this law? My good friend is a female married in Guangdong. She owned three houses and a car before marriage. Her husband owned nothing and lived with his parents. As I understand it because she owned everything before she can not loose what she owned before the marriage in a divorce. Is that true?

#2012-06-04 12:07:55 by evahuihan @evahuihan

man who doesnt cherish marriage and irresponsible for their wife and kids should never been born

#2012-06-04 21:39:25 by davidd @davidd

What is this, someone wants to have Marriage catch up with the times? Should Marriage be, easy come easy go? Like it should be......no sex before Marriage, then marry the one you love,and all should be equal, and fair. :)

Comments
(Showing 1 to 10 of 12) 1 2 More...
Comment
To respond to another member's comment type @ followed by their name before your comment, like this: @username Then leave a space. Ask Panda a Question : Click here...