| Marital conflict is not only a social phenomenon, but also a legal phenomenon. It is a social problem that is widely concerned in both traditional society and in today's times. Researching marital conflict is of great historical and practical significance for understanding the situation of people in everyday life and then moving forward to promote the development of social history,The production of marital conflict is the result of many factors, which runs through the whole process of the conclusion and the dissolution of marriage and has historical continuity. In traditional societies, the concept of marriage and marriage ritual and marital conflict are closely linked, and the legal system has become the control mechanism of conflict engagement, which has become more complicated with the development of history. In modern China, on the one hand, the traditional marriage system still has a strong vitality; on the other hand, the spread of the modern Western concept and the system of marriage make the violent collision between the two, so the marital conflict is inevitable. Modern Hubei social location, climate, economy, justice and customs and other backgrounds have a close relationship with the marrige conflict during the 30s and the 40s of the Repulic of China (1912-1949)Marriage aims at the future contract of marriage for men and women.In the traditional society, marriage is based on " dictates of parents and words of matchmakers "and the marriage certificate or weath. In Hubei Modern society the engagement is with two characteristics of the times:the continuity of the traditional marriage and the rise of the new customs, which is deeply affected by the modern history of social transformation.There is a great difference between the tradition and the modern times at the respect of the design of the system of marriage, which pay particular emphasisi on the family and individualism. In Hubei society during the 30s and 40s of the Republic of China, marriage parties in dispute in accordance with the purpose to be achieved,it can be divided into the marriage invalid, dissolution of marriage, marriage valid and revoked four types of marriage.The lawsuit of the marriage conflict takes place mostly in area with more developed economy or the region closer to the center of the city;the party dominated the country of residence. Compared with the period of the Anti-Japanese War, the period of the liberation war witnesses more conflict engagement, in which 1946,1947,1948 the marriage conflict occurrs the most. The marriage conflict occurrs the most in April, May, September and December and spring from the view of month and season respectively. The age of parties to the conflict between men and women vary mainly from 20 to 25; women are engaged earlier than men. Parents arranging the marriage,the dowry death of the deceased party and the betrothal presents are the main causes of occurrence of the marriage disputes. Bigamy is the phenomenon that a wife or a husband marries another husband or wife, in violation of "monogamy"principle. In traditional society, the "concubine" in the family does not pose a threat on the "wife", so concubinage is not bigamy. Bigamy is prohibited in the traditional society, and bounded through the appropriate legal system. The judiciary can also be tried according to law, but because of ethics, customs and other factors, the phenomenon is not a complete ban on polygamy.The polygamy in Hubei during the 30s and 40s of the Republic of China, from the prosecutor's gender perspective, it is mainly the husband, which shows that a polygamous wife processes a larger percentage of occurrence. At the respect of the proceedings of the treatment of bigamy, there are the prosecution, no prosecution and the unknown. Bigamy cases occurrs chiefly in the period of 1946 and 1947 in which the main season of claim is spring, followed by autumn and winter the least. Age of occurrence of a polygamous husband and wife is that men are mostly older than women. A polygamous marriage takes place five years later after the marriage. The main parties to polygamous are local people and the occupation are mostly of lower-class range. The reasons for the wife's bigamy are her husband out of no return, family difficulties, and family violence; the reasons for polygamous husbands are infertile wife, the wife abscond behind the husband's back or excuse for his wife's death and other factors.Adultery which is called "adultery" in traditional society is consensual sex between men and women clients. Adultery in traditional society is a recurring phenomenon. The age of the parties adultery, marriage, career, relationships, etc. have different contents and characteristics.The main reasons for adultery are the economic factor and the lust factor. The incidence of adultery is controlled by trying to promote traditional social values and judicial practice chastity and other means.The adultery cases in Hubei during the Republic of China, from sex aspect, the proportion of female adultery occurred more than men. Outcome of the litigation cases of adultery are penalties (including suspended sentence), the defendant not guilty, and withdrawal (will not be accepted) three. From the age in the case of the parties, it is a common phenomenon that the husband is older than the wife.5-10 years after marriage is the high incidence of adultery. Men aged 30-40 and women 20-30 years old are inclined to fornicate. The complainant and the defendant of adultery are mainly in Wuhan followed by the province and outside the province. From the adultery of men and women, more people are engaged in commercial operations.Husband for a long time out of no return, regardless of wives, husband and wife separated, family conflicts, their style and other factors are the main reasons for female adultery occurrence; for the conveneince of his position and the space, interfile wife are the principal reasons for the male adultery.Desertion refers to the behavior of abandoning the maintenance or support of relatives and other people that should have been taken care of. This paper focuses on the desertion between husband and wife. Although the concept of filial piety is reflected in their children's filial respect for parents, but in the traditional patriarchal society, the wife of loyalty to her husband is the meaning of filial piety, and thus from a traditional society to the government of the Republic, provisions are made for the publishment of the desertion behaviour from the legal perspective. Hubei society during the Republic of China, mostly the husband abandonds the wife. The desertion occurrs frequently in the Anti-Japanese War. The results of abandoned cases are to prosecute and try, not to prosecute, not to be accepted, to quash an indictment, to be unknown, etc. Age of abandonment behavior of the parties is that men are older than women, the age difference less than 5 years old. Men after 30 years old are most likely to abandon women, while women before the age of 35 are vulnerable to abandonment. Desertion takes place frequently during the ten years after the marriage. Men occupy business and the government employee, while the woman is mostly engaged in the workers, homemaker and other professional. Therefore, the gap beteen the two is very obvious. What's more, human cohabitation, instigated by others and other factors arethe main reasons for the wife abandoning the husband; the emotion, economy, and family conflicts and other factors become the reason for the man abandoning the woman.Divorce is a sign of marital dissolution. The types of divorce in the traditional society are "Qichu","justice must"and"co-away". The crucial types of divorce in modern society are divided into legal divorce and divorce by agreemnt. The divorce cases in Hubei society druing the Republic of China occurrs mainly in 1946,1947 and 1948, in Wuhan area as the most occurrence place. The trial of divorce cases are first or second instance, third instance, reconciliation and unknown, including the first and second as the largest number of cases.In the judicial process in divorce cases, the sentence "no divorce " is of the largest number which reflects the divorce proceedings end in failure.Parties in divorce cases, the majority of the couple marry before the age of 25 years.The number of the wife is more than that of the husband. In age, the husband is generally older than the wife,5 years of age based. A decade period after the marrige is of high conflict divorce. In divorce cases, the occupations of both spouses are the agricultural producers for the most, followed by those engaged in commercial transactions. His wife fornicating with others, murdering the husband, abusing the relatives of the husband, the incurable disease of the husband and other factors are the reasons for her husband to ask for divorce, while the husband's bigamy, his fornicating with others, being ill treated, the incurable disease and other factors are the excuse for the wife to divorce.In Hubei society druing the Republic of China, it is a common social phenomenon that the parents set marriage on behalf of their children. However, unlike the traditional society, once the daughter has grown up, because of various reasons they expresse dissatisfaction with their parents who decide the marriage and deny the marriage. If this causes marriage disputes, not only the law prohibits the parents set marriage on behalf of their children, and the judiciary gives the woman support in the course of trial. Hubei society during this period, it is still in the history transformation stage. On the one hand the traditional patriarchal power is still engaged; on the other hand, children daughter in particular are not satisfied with the patriarchal power of engagement,express their views,and regain the engagement power with the help of justice to deny the engagement power of their parents.From the observation of the case of marital conflict situations during that period, there is still the traditional family ethic "rely on her husband"in the minds,so they attempt to gain support for the daily life of her husband in the terms of "male superiority". Once for various reasons her husband do not have such ability, they may choose abandonment, bigamy or adultery and other acts in order to abandon their her husband that can not support her daily life and then choose another man as lives dependance. In the face of marital problems, Women are free to ask for divorce and their right to divorce has risen markedly over the traditional society, but the demands of their divorce are not the pursuit of freedom or equality, mostly in order to survive, because their husbands do not take on the responsibility of caring for the wife. Women's right of freedom of divorce will not easily be given to achieve at the trial stage, because family stability is a necessary requirement of social reality in war, poverty, under the current situation of Nanjing National Government,.This paper researches the marital conflict in Hubei community during the 30s and the 40s of the Republic of China with the relevant judicial files as the center, and through the path of law social history. This article not only reviews and ponders over the marital conflict in the traditional society, but also interpretates the marital conflict cases in Hunbei during the Republic of China in detail and compares them; meanwhile all kinds of reasons for marital conflict are deeply discussed. In addition,, the engagement of women's rights, property rights and divorce rights are analyzed in the study of marital conflict. |
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