Parents worry about their children’s marriage, where is the boundary between “concern” and “interference”?
As the saying goes, the Lantern Festival is the end of the year.Aftertaste just past the Spring Festival holiday, in addition to the joy of the festival reunion, I believe that many unmarried young people also experienced the helpless parents care too much.Recently, a video of a mother urging her marriage in Guigang city, Guangxi Zhuang Autonomous Region, has caught the attention of Internet users.According to the boy’s sister, Ms Xie, the boy was arranged by his family to go on a blind date. Soon after he returned home, his mother urged him to get engaged: “Is it appropriate to date that girl in the morning?We’ll book them tomorrow if it suits us.”Such a way of urging marriage makes people laugh and cry.But do you think that if you have a romantic partner, your parents will approve of your marriage?Recently, a video showing a girl being forcibly dragged away by her parents has sparked heated debate.According to a blogger in Yinchuan, Ningxia Hui Autonomous Region, his girlfriend was forcibly dragged away by her family because she could not pay her bride price.Later, the woman said that the 500,000 yuan bride price was an angry remark in a quarrel, and that she left her family angry before the incident and did not deal with it properly. The problem has now been dealt with.Yinchuan police issued a notice that has been warned gao mou (girls dragged away) parents must not take violent means to restrict freedom gao.Yinchuan Women’s Federation responded that they can follow up and intervene if the person needs help.Although the above two news is an individual case, but parents interfere in their children’s marriage, but there is a certain universality.Since ancient times, the marriage of children has always been the concern of parents.When their children have no partner, parents are more anxious than anyone else, fearing that their children are the one left behind.When their children have a partner, parents are more worried than anyone, afraid that their children choose the wrong person will be unhappy.So is child marriage just a family affair?↓Q1 Do parents have the right to interfere in their children’s marriage?What are the legal provisions about freedom of marriage in our country?Parents have no right to interfere in their children’s marriage.The first and fourth paragraphs of Article 49 of China’s Constitution stipulate that “marriage, the family, mother and children shall be protected by the State” and “destruction of the freedom of marriage shall be prohibited, and maltreatment of the elderly, women and children shall be prohibited”.Article 1042 (1) of the Civil Code prohibits arranged, mercenary marriages and other acts that interfere with the freedom of marriage.It is forbidden to solicit property through marriage.According to Article 1046 of the Civil Code, marriage shall be entirely voluntary between the man and the woman, and coercion by either party on the other is prohibited, and interference by any organization or individual is prohibited.Article 257 of the Criminal Law specially sets up the crime of “violence interfering with the freedom of marriage”. Whoever interferes with another person’s freedom of marriage by violence shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention.Q2 Many parents like to participate in their children’s marriage in their own way. Then, where is the boundary between “concern” and “interference”?It is natural for parents to worry about their children’s marriage, but they must not break the boundaries of the law.Make it clear that “caring” and “interfering” are two very different contexts.As for the boundary of illegal law, in civil liability, the current law on interference with the freedom of marriage only provides in principle, and there is still a lack of corresponding penalties.In the category of criminal responsibility, if parents interfere with their children’s marriage by violence, it will constitute the crime of violence to interfere with the freedom of marriage stipulated in the criminal law.According to the standard of “violence” in practice, physical assault or coercion on the victim, such as binding or beating, constitutes violence.At the same time, it is worth explaining that the crime of violent interference with the freedom of marriage stipulated in China’s criminal law adopts the principle of no charge, and only when the victim sues the court in person, can the court accept, investigate and judge such criminal cases.Q3 If parents excessively interfere with their children’s freedom of marriage, what should children do?First of all, children should make it clear that their own marriage is their own choice, and the freedom of marriage is the right granted to everyone by the Constitution.Secondly, children should truthfully explain their own ideas to their parents, and actively and patiently listen to their parents against the reasons for the marriage, to avoid misunderstandings or formation of rebellion;Finally, if the children really cannot reach a consensus with their parents, it is advisable to calm down and ease the situation, avoid excessive language, or even physical conflict, and prevent the conflict from being intensified to the point of no end.In addition, children can seek mediation from neighborhood committees, women’s federations and other departments.Do not hurt in the name of love, parents care about their children’s marriage is justified, but it needs to be moderate, excessive interference is not only illegal, but also counterproductive.At the same time, children should respect their parents’ opinions and avoid blindly entering marriage.Although marriage is free, both men and women should establish a correct outlook on marriage and love and outlook on life. They should be responsible not only for themselves, but also for their families and society.Thanks to Ma Liwen, a member of the Legal Daily lawyer expert database and a partner of Beijing Tianda Republic Law Firm, for his professional support!Source | Rule of Law Daily