Regardless of marrying and marrying to become another choice for young couples in Jiangsu and Zhejiang, experts believe
The phenomenon of "marriage at both ends" may cause many legal risks
□ Trainee reporter Sun Tianjiao
□ Our reporter Chen Lei
Do not marry or marry, "two families fight together" to live, this form of marriage known as "two-headed marriage" is becoming a new choice for young couples in Jiangsu and Zhejiang-both spouses still maintain a greater stickiness with their original families. Regardless of marriage, husband and wife go together.
According to expert analysis, this type of marriage is related to regional economic development and previous population policies, especially when there are no male heirs in some local families.
Experts interviewed by a reporter from the "Rule of Law" believe that "marriage at both ends" is not a manifestation of the so-called progressive view of marriage and love. It just shows that the old-style view of inequality between men and women still exists.
Moreover, under this type of marriage, the joint property identification, joint debt identification, and child support between husband and wife are prone to legal risks.
Neither is a man marrying a woman
It's not hiring men
Ms. Zhou is from Jiaxing, Zhejiang, 24 years old this year.
As she is preparing for the wedding, she chose "marriage at both ends". This form of marriage is neither a marriage between a man and a woman, nor the recruitment of a man. After marriage, the couple usually live in separate houses.
Ms. Zhou explained in an interview with a reporter from the Rule of Law Daily: “We are both only children, especially in the countryside. If our daughters marry, they will be expelled from genealogy, but our family is reluctant to marry me like this, so we passed. Marriage at both ends' compromise."
Madam Ma, a “post-90s” who lives in Wuzhong District, Suzhou City, Jiangsu Province, has been married for more than three years.
In 2017, Ms. Ma had no beauties or dowry when she got married, and the banquets were also responsible for their own.
After marriage, the couple returned to their parents' homes to live.
"Many friends around me are this kind of "two-head marriage"." Ms. Ma said.
In fact, the "marriage of two ends" is not new today.
The paper "On the Social Attributes of Marriage and Childbearing: Field Observations on the Evolution of Marriage and Childbirth Patterns in the Rural Areas of Northern Zhejiang under the Background of Fewer Children", published in the fourth issue of Hebei Academic Journal in 2020, shows that "two-headed marriage" is also called "combination". "Family marriage" "going at both ends" has a certain existence in the entire northern Zhejiang and southern Jiangsu.
The author of the paper is Zhao Chunlan, a Ph.D. from the School of Social Development and Public Policy of Fudan University (now a lecturer at Zhejiang University of Foreign Languages) and his doctoral supervisor, Fan Lizhu, a professor at the School of Social Development and Public Policy of Fudan University. Field research was conducted in the water village in northern Zhejiang.
They believe that the emergence of the "two-headed marriage" is related to the local economic development and my country's previous population policy.
Take Minfeng Village, Yuhang District, Hangzhou City, Zhejiang Province as an example. According to the survey, the villagers’ economic income has fully realized the transition from agriculture to industrial and tertiary industries. However, since the 1980s With the implementation of related population policies, some families have no male heirs.
The traditional thinking of "daughter married, there will be no one at home" and the worries of "fetching water from bamboo baskets in the end of recruitment, and emptying people and wealth" gradually gave birth to a third type besides "marriage and marriage" The way of marriage and childbirth is "marriage at both ends".
Hao Jia, an associate professor at the School of Civil and Commercial Law of Northwest University of Political Science and Law, said in an interview with a reporter from the Rule of Law Daily that "two-headed marriage" is not a manifestation of the so-called progressive view of marriage. On the contrary, this form of marriage is called "two-headed marriage". The old-fashioned view of inequality between men and women still exists in reality.
Hao Jia was puzzled by the heated discussion about "two-headed marriage" in society: "If we could treat marriage as an equal relationship between men and women in accordance with the basic spirit of the Marriage and Family Code of the Civil Code and the Marriage Law, we should not consider being a male. To marry a woman is to invite a man to marry a woman."
In the interview, Tan Fang, deputy director of the Marriage and Family Law Professional Committee of the All China Lawyers Association, believes that "two-head marriage" couples are mostly only children, and the fast pace of life and work of young couples makes "two-head marriage" a practical need.
There are many hidden dangers in raising children
Children's rights need urgent attention
"Having two children, each with their parents' surnames" is an important feature of "two-head marriage".
Ms. Ma and her husband gave birth to two children. The eldest had the father's surname and the second had the mother's surname.
“Most of our first child here is the father’s surname, and the second child is the mother’s surname. But this is all negotiable. I also have friends whose first child is the mother’s surname.” Ms. Ma said, It doesn’t really matter who the last name is, but the feeling of'I can call the shots' makes people feel very comfortable."
But is there a legal basis for the agreement between the husband and wife regarding the surnames of their children, or is this agreement legally binding?
According to the law, the right to reproductive rights is a protected basic human right. The agreement to have several children after marriage is not legally binding. The parties should freely decide whether to give birth or not, but the agreement between the husband and the wife regarding the surnames of the children is valid.
"Whether it is the current marriage law or the civil code that will be implemented, it is clearly stipulated that children can have the father's surname or the mother's surname." Tan Fang believes that two children’s surnames may lead to parents’ preference and small differences between husband and wife. The concept of the family is not strong enough, the "sense of conspiracy" is missing to a certain extent, and the stability of the family is insufficient. These are also hidden dangers in the "marriage of two ends".
"For children, if the parents can't make a bowl of water smooth, it may have a negative impact on the child's growth."
Ms. Ma works as a midwife in a local hospital and often has to work night shifts.
She said: "My husband and I are sometimes very busy at work. The'marriage at both ends' allows the elderly on both sides to help with children and housework, which greatly reduces my stress."
Sometimes, Ms. Ma and her husband will take the children to the man’s house for a period of time, and then go to the woman’s house for a period of time. During the holidays, they will discuss the two sides in turn.
Regarding the issue of child rearing, Tan Fang said, “If the husband and wife have a dispute and file a lawsuit with the child’s child rearing issue, the judge will give more consideration to which party pays more in the growth process of the child, and which parent is more beneficial to the child. The growth. Regardless of the previous agreement, the judge will still respect the actual state of upbringing."
During the interview, Deng Li, an associate researcher at the Institute of Law of the Chinese Academy of Social Sciences and deputy secretary-general of the Center for Gender and Law Research, stated that on the issue of children’s surnames, regardless of the expectations and preferences of the parents or grandparents (maternal grandparents), the child’s name must be clarified. Enjoy the ultimate subjective rights, and the guardian is only a temporary agency duty.
At the same time, it must also be clear that regardless of the child’s surname, the blood relationship with the parents and grandparents (maternal grandparents), and the responsibilities and obligations of the parents and grandparents (maternal grandparents) are the same, and the best interests of the child must be taken as the Principles to be implemented.
Joint debt is difficult to identify
Marital property is at risk
Ms. Zhou said that after the marriage, the couple will have their own money, but "the parents will still support us for a period of time. After all, there are still house and car loans to repay."
In Ms. Ma's house, she manages all the husband and wife property.
In Tan Fang's view, there are potential legal risks in determining the joint property of husband and wife in the form of "two-head marriage".
For example, if grandparents donate property to their children or grandchildren, if it is not specified that it is only given to one party, it will be regarded as joint property of the husband and wife in law.
However, if the husband and wife do not clearly agree on the ownership of the property after marriage, and maintain close contact with the original family after marriage, it is easy to lead to the confusion of the property between the three families, and a series of conflicts will arise.
Under the "two-headed marriage" model, there are certain risks in the determination of the joint debt of the couple.
Tan Fang believes that because the concept of a small family between husband and wife is not strong enough, one party will be unclear about the other half's economic trends, and may be burdened with large debts without knowing it.
"From the perspective of divorce proceedings, under the'two-headed marriage' model, the legal risk of the joint debt determination of the couple is greater than that of the regular family."
As a form of marriage, what is the prospect of "marriage between two ends"?
In this regard, Deng Li said: "I am not in favor of conceptualizing the term'two-head marriage'. We are now talking about this topic, and we are facing some complicated marriage and family phenomena. They have similarities to each other, but they are also different."
In Deng Li’s view, the “marriage of two ends” reflects that the younger generation has more initiative in marriage and family affairs, and has a stronger sense of negotiation and adaptability. It may also include more care and care for the previous generation. The dual pursuit of individual happiness and family happiness.
Deng Li believes that whether it is public opinion or academia, it is first necessary to respect this space for marriage and family private life.
"In a modern society where everything tends to be refined, marriage and family affairs and their norms will become more and more complicated, but we should not forget that the core essence is still to achieve love, promote love, and protect love."