Contemporary Chinese Marriage The Rule Of Law Changes (1949-2003)

"Ruling the state by law" is regarded as the basic mode to administrate the country by the Chinese Communist Party. Rule by law, building the socialism legitimate country is becoming one of the aims in the Chinese socialism building. The form of a society ruled by law needs comprehensive effort. The marital relation is the most common social relation that has important effect on the happy living and the stable of the country. So, the ruling of marital relation is attached importance to by any country in any times. The Chinese Communist Party liberated the masses from the old society by leading them carrying arduous revolution and struggle to grab the regime of the state. Destroying the feudal marital system, form the new democracy marital system became the important task in the comprehensive development of the new China. Leading by Chinese Communist Party, the new democracy and socialist marital relation was established in China and a great social revolution is completed. In addition, in the 50 years in power, the Chinese Communist Party impels the marital law and system to develop, summarizes the rule of ruling the marriage and finds the direction of marital rule by law.In the thesis, the vicissitudes of the marriage ruling in the aspect of ruling by law is expounded and it is made up of seven parts mainly.The introduction explains the proof and the importance of the topic, the research subjective, the researching condition of the inner scholar field, the innovation and the research method is introduced simply here.The first chapter dwells with the course of the form of framework the contemporary Chinese marital law. The thesis explains the establishing of the framework of Chinese marital law form the aspects of the background of the marital law, the root of Chinese marital law and the drafting course of marital law of 1950 and some judicial explain. The key content that is exhibited in the second chapter is the marital judicial state of affairs in the first seven years after the foundation of Peoples' Republic of China, the key is how the Chinese Communist Party leaded the masses to complete the history course of wrecking the feudal marital family system and establishing the new democracy and socialist marital family system. How the party completed the great and the real meaning social reform is expounded detailed through the clue of finding the problem, resolving the problem, re-finding the problem and re-solving the problem. In the third chapter, the development of Chinese marital law and system in the new era(1978-2000)is discussed. The drafting and promulgating process of the marital law of 1980, marital law's judicial explains and the relating regulations is recounted, the vicissitudes of the notion of marital ruling by law is explored also.The forth chapter discusses the marital judicial practice in the new times of 1978-2000. The propaganda and judicial practice of the state in 1980s' and 1990s'is discusses respectively, the thesis also gives some examples of problems the marital judicial practice facing in the period.The fifth chapter expounds the striding-century marital ruling by law. The heat quarrels in the modifying process is described completely. The method and direction of marital ruling by law, the process of marital judicial is exhibited through the detailed describe the drafting course of the marital law (revise) and the marital judicial explains.The conclusion summarizes the vicissitudes of contemporary Chinese marital ruling by law form three aspects of drafting the law, judicial law and abiding by the law.The thesis regards that the contemporary Chinese marital ruling by law undergoing the course of from tradition to modern through the research, and the course is continuous. Being the main method for the state to modify the marriage, ruling by law is connected with modern political civilization closely. The marital relation is special because of its moral principles, and it is affected by many elements such as social economy, politics and culture, etc. In t...