How the Chinese Constitution Protects Families:A Political and Legal Interpretation of Article 49 of the Constitution
The family norms in article 49 of the Constitution are based on love and family affection,but the theory of emotional breakdown has dominated the marriage law for a long time.As a result,the family relationship has been simplified to that of the love between husband and wife,and fails to reveal the multiple values of article 49 and the conflict.Article 49 tries to analyse the normative meaning of the protection of marriage,family,mother,and child,and then reveals the multiple identities of women in family norms:women as the subject of freedom of marriage,wives as family members,and mothers as family members.On the one,protecting marriage does not only mean protecting the freedom of marriage,we must also maintain the family relationship formed by marriage,and protect the identity rights of both parties.On the other,protecting mothers is not only to take care of pregnant women because of their weakness,but also to take the protection of children's rights into account.Protecting mothers naturally brings restrictions on women's rights and interests.It not only has academic significance,but also provides constitutional support for responding to practical problems in understanding the normative meaning behind article 49 of the Constitution.
Article 49 of the ConstitutionFamilyWomenthe Political and Law System
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