Can Swallow and May get married?

Anyone who has watched the TV series Princess Zhu Huan will surely remember the innocent, lovely and mischievous swallow. Countless audiences were deeply attracted by the refreshing performance of the swallow and moved by the passionate love between her and Mei. Everything will be fine. All shall be well, jack shall have Jill. In TV series, they are always United. But if they live in reality, can they get married? Aside from Mei's status as a prince, can they get married only from their foster brother-sister relationship?

A: China's current marriage law stipulates that direct blood relatives and collateral blood relatives within three generations are forbidden to get married. So, what are lineal blood relatives and collateral blood relatives within three generations? The so-called lineal consanguinity refers to people who are directly related to each other, including lineal consanguinity of their elders and lineal consanguinity of their descendants, that is, relatives who have given birth to themselves and their descendants, such as parents, children, grandparents and grandchildren. Collateral consanguinity refers to indirect consanguinity between each other, that is, except for lineal consanguinity, all other kindred and homologous relatives are collateral consanguinity, including collateral elders (uncles, aunts, uncles, grandparents, etc. People who are equal in seniority with their parents are collateral descendants (such as nephews and grandsons). ) siblings equal in seniority to their children and equal in seniority to themselves. China's current law does not adopt the international parental system, but adopts the generational reference that conforms to the traditional habits of Chinese people, that is, taking oneself as the generation, counting upwards, parents are the second generation and grandparents are the third generation; Counting down, children are the second generation and grandchildren are the third generation. Therefore, collateral blood relatives within three generations are forbidden to marry: ① brothers and sisters, including siblings and half-brothers; 2 uncles, aunts, uncles, aunts; Cousins.

According to the above classification of relatives and the prohibition of marriage in China's current marriage law, Yanzi and Mei are not among them. So, what kind of foster brother-sister relationship is Swallow and Mei in law? We say they are collateral virtual blood relatives. As we have already introduced, consanguinity is a kinship formed by blood, which can be divided into direct blood relatives and virtual blood relatives, but at the same time, direct blood relatives can be divided into natural blood relatives and virtual blood relatives. Natural consanguinity is a consanguinity born by birth, and virtual consanguinity refers to a kinship that has the same rights and obligations as this consanguinity, but meets certain conditions. For example, adoptive parents and adopted sons, adopted brothers and sisters, and stepparents and stepchildren raised and educated by them, such as Emperor Qianlong and Swallow (adoptive parents and adopted daughters) are lineal blood relatives, and Swallow and Mei (adopted brothers and sisters) are collateral blood relatives within three generations.

It is easy to understand that lineal blood relatives cannot get married, and collateral blood relatives cannot get married within three generations. Now everyone understands, but according to the original intention of legislators, it is mainly to prohibit cousin marriage in China's ancient bad habits, that is, to prohibit cousin marriage. Then, can lineal blood relatives and collateral blood relatives within three generations get married? There is no provision in the current law of our country, but according to the ethics of the legislative spirit, it should be admitted in judicial practice that lineal blood relatives cannot get married (adoptive parents, adopted daughters, adopted mothers, adopted sons, etc.). ), otherwise it will violate the good customs with the public. Therefore, regardless of Mei's status as a prince, this foster brother-sister relationship between Mei and Swallow can last for a hundred years even in today's real life.

In addition to lineal blood relatives and collateral blood relatives within three generations, China's current marriage law also stipulates that people with diseases that are medically considered unsuitable for marriage are also prohibited from getting married. In order to explicitly prohibit and restrict the diseases of marriage and childbearing, the Ministry of Health issued the "Guidelines for the Classification of Abnormal Situations (Trial)" in 1986, stipulating that both parties to marriage are not allowed to get married if they suffer from severe mental retardation; During the onset of sexually transmitted diseases, schizophrenia, manic depression and other mental diseases, marriage shall be suspended during the isolation period stipulated by various legally reported infectious diseases.

As for the question of whether the parties who cannot have sex due to physical defects can get married, China's Marriage Law (1950) clearly stipulates that people who cannot have sex due to physical defects are prohibited from getting married. This is because marriage is based on the physiological differences between men and women. If there are physical defects and sexual relations are not allowed, then this kind of marriage will lose its physiological basis and be banned. However, when the 1980 Marriage Law was promulgated, people realized that marriage was based on feelings. Even if one of the men and women has physical defects and can't have sex, if the two sides have feelings and live together voluntarily, their marriage will not only do no harm to themselves and society, but also be conducive to social stability. Therefore, the marriage law promulgated by 1980 deleted this provision of the marriage law of 1950. 200 1 the newly revised marriage law follows the practice of 1980 marriage law, that is to say, the law does not prohibit asexual people from getting married.