Li Zhongfang, Professor of National Prosecutor College, Vice President of china law society Marriage Law Research Association. He published the monograph Law, Sex and Law, edited and edited more than 20 textbooks and reference books on marriage law, and published more than 70 legal papers. Among them, papers such as On China Women's Divorce Rights were translated into Japanese and published in Japan.

Chinese name: Li Zhongfang.

Nationality: China.

Ethnic group: Han nationality

Place of birth: Nong 'an County, Jilin Province

Date of birth:1July 23, 939

Date of death: April 3, 20 1 1 year.

Occupation: teacher

Graduate school: Jilin University

Masterpiece: Marriage Law

Title: Professor

Character experience

In September, 1959, he was admitted to the Law Department of Jilin University with excellent results. During my study in school, I worked hard, got excellent grades and worked well, and was praised by the department many times. 1September 1964, Comrade Li Zhongfang graduated and stayed in school to teach.1July 1965, he joined the China * * * Production Party. He successively obtained the titles of teaching assistant, lecturer and associate professor in the Law Department of Jilin University, and was promoted to professor in March of 199 1.

1April, 984, Comrade Li Zhongfang was appointed as the deputy director of the Law Department of Jilin University; 1988 After the establishment of the Law School of Jilin University in September, he served as the head of the Economic Law Department of the Law School; 199165438+In February, he served as the vice president of the Law School and concurrently served as the director of the Law Firm of Jilin University; 199265438+served as the vice president of the graduate school of Jilin University in February. During the above-mentioned post, Comrade Li Zhongfang devoted himself to his duties and worked hard, and made outstanding contributions to the development of law department, law school and graduate education of Jilin University.

65438-0984 Joined Jilin Lawyers Association, and served as director and executive director. In the same year, he joined the Jilin Law Society and served as a director and executive director. He also participated in the china law society Marriage Law Research Association and served as a director, deputy director-general and vice president; 199 1 year as director of china law society.

1In August, 1993, Comrade Li Zhongfang was transferred to the Central Prosecutor Management College (now the National Prosecutor College) and served as a member, director and professor of the Party Committee of the Law Teaching and Research Section of the College. Actively engaged in the teaching and research of civil procuratorial work, with rich achievements and outstanding contributions.

lecture course

From 1976 to 1987, he taught marriage law and comparative marriage law to undergraduates in the law department of Jilin University.

Main contribution

From 1987 to 1992, eight graduate students majoring in civil law were recruited and instructed. He is calm, modest and approachable; The lectures are lively, the theory is integrated with practice, and the explanations are simple, which is very popular.

During his work in Jilin University, Comrade Li Zhongfang made outstanding achievements in scientific research, published more than 30 papers and edited or edited more than 20 books.

Social assessment

Comrade Li Zhongfang earnestly studied Marxism–Leninism, Mao Zedong Thought, Deng Xiaoping Theory and Theory of Three Represents, earnestly practiced Scientific Outlook on Development and supported the Party's line, principles and policies. The political stance is firm and always consistent with the CPC Central Committee. He insisted on using the standard of * * * to produce party member. He was strict with himself, conscientious and diligent in his work. His style is democratic, modest and cautious; Caring for comrades and understanding; Be decent and helpful; Law-abiding, honest and upright. He devoted himself to his work with tenacious perseverance and high enthusiasm, and made important contributions to the cause of procuratorial education in China.

Comrade Li Zhongfang is a loyal guardian of the party and an outstanding cadre in the front of legal education and procuratorial education. He devoted himself to the party and procuratorial work and devoted a lot of effort. His death deprived us of a good party member, a good comrade and a good friend, and we will always miss him. We should learn from his hard-working and professional legal thought, conscientious spirit in work, and excellent character of modesty, enthusiasm and tolerance for comrades. We should turn grief into strength, love our jobs, work hard, devote ourselves wholeheartedly to the cause of procuratorial education and make our due contribution to the construction and development of the National Prosecutor College.

Amend marriage law

The law cannot be constantly changed, nor can it be changed. A few days ago, the Marriage Law of the People's Republic of China (Revised Draft) (hereinafter referred to as the revised draft) was promulgated, and the existing marriage law was revised: some norms were added, many provisions were refined, and moral guidance was strengthened. However, the author thinks for a long time, and still feels that there are still some unsatisfactory places.

First, how to express the prohibition of domestic violence

Lawmakers do not invent or create laws, but express them. Paragraph 2 of Article 3 of the revised draft stipulates: "Domestic violence or other acts of ill-treatment of family members are prohibited." Domestic violence involves human rights violations, and the victims are mostly vulnerable members of the family, mainly women. The international community is very concerned about its prevention and control. From 65438 to 0993, the United Nations adopted the Declaration on the Elimination of Violence against Women. At present, there are laws in 44 countries and regions. In March 2000, the Standing Committee of Hunan Provincial People's Congress formulated the Resolution on Preventing and Stopping Domestic Violence. Therefore, the revised draft explicitly prohibits domestic violence in the form of basic national laws for the first time, which is also a great feat in the legislative history of our country.

However, the author believes that domestic violence and abuse should be banned separately, and cannot be mixed. It seems to be the same thing, and there is an inclusive relationship. In fact, although domestic violence and abuse are related, they are not the same thing. Abuse is characterized by frequent physical, mental or sexual damage to the victim, which is a criminal act stipulated in the criminal law. And domestic violence is guilty and innocent. For example, beating one family member at a time does not constitute a crime but is illegal; If it constitutes a crime, it is not appropriate to define the crime of abuse, which constitutes the crime of injury and homicide. Putting the prohibition of domestic violence and the abuse of family members together will make people mistakenly think that domestic violence is a crime of abuse, and all domestic violence must be punished and "killed, shut up and controlled". In fact, most domestic violence that is not a crime is mainly civil liability, mainly mediation, which can be solved through persuasion and education, and can also be handled in accordance with the regulations on punishment of party discipline, political discipline and social security. The adjustment scope of marriage law and criminal law is different, so it is not necessary to punish domestic violence as a crime of abuse.

Second, how to punish the problem of "keeping mistresses"

A movie a few years ago, Who's the Third Party? In TV series, the media was in an uproar, and the society launched a crusade against "the third party intervening". Nowadays, there is no fear of third-party intervention. Hong Kong is called "Little Three" and Shanghai is called "Golden Bird", and they openly enter the "giants". How to stop "the third party" and punish "keeping mistresses"? Article 4 of the revised draft stipulates that "husband and wife should be faithful to each other", which can be described as shielding "murder". It should be mentioned that some time ago, experts tried to draft a proposal to confirm the loyalty obligation between husband and wife. Violation of this obligation constitutes a violation of the rights of the other spouse, which has been opposed by many people. This is really rare and strange. As early as 1804, Article 2 12 of the Napoleonic Code clearly stipulated: "Husband and wife have the obligation to be faithful to each other, help each other and help each other." Some comrades say that whether a husband and wife are faithful is purely a matter of conscience, and the law can't control that much. This is a question of moral control. Some comrades say that there is no adultery law in China, and it is illegal to punish adultery. This is cruel legal moralism. In my opinion, there is no insurmountable gap between law and morality. Some are moral norms, which have risen to legal norms. For example, "honesty and credit" is both a moral norm and a principle of civil law. Marriage law is different from criminal law, and illegality is different from crime. Adultery is not a crime, but it is illegal. Criminal law doesn't care about adultery, but marriage law does. The husband and wife confirmed in the revised draft should be faithful, mainly in terms of sex. For the purpose of "keeping mistresses", it includes legislation of "murder".

The problem is that "keeping mistresses" is not a legal term, and "killing people" cannot be hidden. How to reveal "murder" The second paragraph of Article 3 of the revised draft stipulates: "Bigamy and other violations of monogamy are prohibited." Practically speaking, "keeping mistresses" is not all bigamy, and it is not accurate enough to say "violating monogamy". Because those extramarital affairs are also a challenge to monogamy. Therefore, the author believes that it is more appropriate to change "prohibition of bigamy and other behaviors that violate monogamy" to "prohibition of bigamy and other extramarital sex". Prohibition of extramarital sex can tolerate "keeping mistresses", "third parties intervening", adultery and concubinage, and can also exclude "extramarital love" and "extramarital affairs", which makes perfect sense in jurisprudence. Because sexual taboos and marriage are mutually causal. Sexual prohibition leads to marriage; In order to maintain the stability of marriage, extramarital sex must be prohibited. This is a common practice in almost any society and any country. The difference is that in the male-centered private ownership society, sexual taboos are looser for husbands and stricter for wives. With the progress of society, taboos should be equally applied to both husband and wife.

Third, how to enhance the operability of legal reasons for divorce.

1980 marriage law takes "the relationship has indeed broken down" as the substantive condition for granting divorce, and "the mediation is invalid" as the procedural condition for granting divorce. Comrades who advocate amending this legal reason for divorce think it is too abstract and difficult to operate; The law does not adjust feelings, but only relations; Most real marriages have no feelings, but they are still maintained without divorce; Foreign countries often regard marriage or the breakdown of marriage relationship as the legal reason for divorce, and China should learn from it.

The revised draft insists that "the relationship has indeed broken down" is the legal reason for divorce. First, it conforms to the Marxist concept of divorce. Marx has long said that divorce is only a confirmation of the fact that marriage is dead. People must find the cause of death in people, or stop breathing, or stop heartbeat, or brain cells die. Marriage death should also find its internal cause, that is, the relationship between husband and wife has indeed broken down. Second, it is a scientific summary of China's long-term legislative and judicial experience, with China characteristics. China people are used to calling it the feelings of husband and wife, not love, not sex. As early as 1943, the Marriage Regulations of the Shanxi-Chahar-Hebei Border Region stipulated: "If the husband and wife are completely incompatible, either party may request a divorce from the judicial organ." (Article 14) Although the Marriage Law 1950 only stipulates the principle of freedom of divorce, and does not specify the legal reasons for divorce, during its 30 years of implementation, the judicial organs have always made clear the principle of whether to grant divorce. In the 1960s, the people's court also summed up the principle of "three views and one participation" (looking at the basis of marriage, feelings after marriage, reasons for divorce, children's interests and social influence). On this basis, the Marriage Law of 1980 formulated this legal reason for divorce with China characteristics. Third, it conforms to the development trend of divorce legislation in contemporary countries all over the world. Divorce legislation in countries all over the world also has a development process. In short, it is from enumeration to generalization, from fault to fault. But the breakdown is subdivided into marriage or marriage relationship breakdown and emotional breakdown. There are * * * and connection points between the relationship breakdown in western countries and the emotional breakdown in China, that is, they all belong to the fragmented divorce legislative principle. At this connection point, it is entirely possible to seek common ground while reserving differences. "Feelings have indeed broken down", divorce is allowed, and legislation is in place. It is not necessary to be completely the same as the legislative model of marriage or the breakdown of husband and wife relationship abroad.

What needs further discussion is that the seven situations of "feelings have indeed broken" stipulated in the third paragraph of Article 32 of the revised draft are conducive to strengthening the operability of this legal divorce reason, but the disadvantages are also obvious, that is, breaking the principle of compromise with the fault principle. Especially for the fault behaviors in these seven situations, such as violence, abuse, abandonment, bigamy and other behaviors that violate monogamy, gambling, drug abuse and other bad habits, the subject is not defined, that is, it is uncertain whether it is the plaintiff or the defendant, and confusion will inevitably occur in the operation. Therefore, the author argues that under the above circumstances, it is necessary to clearly stipulate that the defendant has this behavior or bad hobby, and the plaintiff's insistence on divorce can be regarded as "the relationship has indeed broken down."

In addition, the marriage that has not been registered in the revised draft is considered invalid, which is contrary to the policy of "laws must be followed, law enforcement must be strict, and offenders must be prosecuted"; Divorce fault compensation is limited to the fault of the victim, which is not only too demanding on the victim, but also inconvenient to operate. Here, I won't go into details.

poetry

You hold the flag high.

—— For the 60th birthday of Jilin University Law School.

Li Zhongfang

Hello, law school!

Today is your birthday,

The wind is clear, the clouds are light and the sky is high.

Although I am thousands of miles away from you,

Or watch,

Missing.

Because you are my alma mater,

I am your root seedling.

Dear alma mater:

I threw myself into your arms,

You are too young.

With the pace of the Great Leap Forward,

Have a military demeanor.

"Transfer students" come to school to study,

The old Red Army came to teach in the school.

Teach the party's principles and policies,

Nature is like a party school.

"Three years of economic difficulties", if you don't bend,

Ten years of catastrophe, you eliminate interference,

Together with Peking University Law School,

Become two law schools that have not been dissolved.

In the years of burning passion,

You hold high the flag of Mao Zedong Thought.

Dear alma mater:

1978 The Third Plenary Session of the Eleventh Central Committee of the Party

It sounded the horn of emancipating the mind and shifting the center of gravity.

Singing and dancing everywhere,

The spring of law has arrived.

You insist on legal convergence, reference and comparison,

Take the lead in "Go out, please come in",

Teaching and scientific research are comparable to those in Qi Fei.

The results are among the best in the brother colleges.

The development of economy, the upsurge of studying law,

Promote the number of students to a new high every year.

now

You have thousands of disciples,

There are many political and legal heroes, and the law is arrogant.

In the new period of reform and opening up,

You hold high the flag of Deng Xiaoping Theory.

Dear alma mater:

I can't forget the knowledge, strength and glory you gave me.

To be a "lucky person",

I feel honored and proud.

Wherever I go,

No matter how much time has passed,

You're always pestering me,

I can always see you holding the flag high.

Graduated from Jilin University Law School on June 4th.

Li Zhongfang Fu

New Year's Day in Beijing in 2008

My heart still loves my hometown.

—— For the 60th birthday of Jilin University Law School.

60th anniversary of the establishment of the cradle party of politics and law.

Passion depends on "Mao" and reform and opening up depends on "Deng Xuan".

"Two Musts" enter the mind, and the sense of hardship is on the rostrum.

Only anti-corruption can be fair, and it is the real "clear sky and righteousness."

Although the jurisprudence is deeply puzzled, the legal provisions are simply explained.

Books and periodicals are like mountains and professional interns are talented.

Hard work will eventually pay off, and peaches and plums are fragrant between heaven and earth.

Being in the bustling streets of metropolis, my heart still loves my hometown.

Graduated from Law School of Jilin University on June 4th.

Fu.

In Beijing on New Year's Day in 2008.

Winning record

The national college textbook Marriage Law Course edited by him (published by Law Press in February, 1982) won the Excellent Textbook Award of the Ministry of Justice1987; The editor-in-chief textbook Marriage Law (published by Jilin University Press in September, 1984) won the Award of Excellent Works in Social Sciences in Jilin Province. The monograph "Sex and Law" (published by North Women and Children Publishing House1February 1989) 199 1 won the third prize of social science works in Jilin Province; In 2008, the book was revised and renamed The Origin of Gender Law, and won the third prize of the first china law society Excellent Achievement Award. Won the honorary title of the Supreme People's Procuratorate Prize, Excellent Teacher of National Procuratorial System, etc.