A Research On The Kin-relationship Volum Of Civil Law Of Nanjing Kuomingtang Government

As the first marriage law in our country that was enacted and enforced, Kin-relationship Volum of Civil Law of the Repblic of China not merely have very important function while our country's marriage law melts in modern times, but is enforced now in Taiwan dcstrict of our country on basis of amendment,So studying Kin-relationship Volum of Civil Law of the Repblic of China has not only very important academic value,but also very important historical and realistic reference to constructing marriage law of our country today. In this thesis, the author researches on Kin-relationship Volum of Civil Law of the Repblic of China , Mainly including the following contents : In the part one, the author probes into legislative background and process of Kin-relationship Volum of Civil Law of the Repblic of China,and from five aspects such as" the changes of the economic conditions of China's society and politics in the 1920's and 1930's ", " the need of Supporting regaining Consular jurisdiction movement ", " the voice which the woman required the equality of men and women to rise one after another before and after the May Fourth Movement ", " making a new Kin-relationship Volum of Civil Law which was asked by the Kuomintang's party platform and party constitution " and " Influence of international Kin-relationship law new legislative trend in the 1920's or 1930's" . the author researches on legislative reason of Kin-relationship Volum of Civil Law of the Repblic of China. In part two and three, the author studys on the marriage law systems and the Kin-relationship systems of Kin-relationship Volum of Civil Law of the Repblic of China. conbining the folk custom, the author analyses marriage systems of Kin-relationship Volum of Civil Law of the Repblic of China deeply, from four aspects such as "engagement", "gets married ", "the marriage which is removed"and "Relation between husband and wife". From "The relative's classification", "Parents domination to minor children"and "The family and relative's meeting", the author probes into the kin-relationship systems of Kin-relationship Volum of Civil Law of the Repblic of China. at the same time, through the investigation of marriage system and relative system,the author affirms All sorts of efforts which Nanjing Guomingtang government made in the predicament of the feudal tradition antagonistic to western advanced legislative spirit. In part four, utilizing abundant judicial archive materials and newspaper and periodicals at that time ,etc. , the author probes into the implementing effect and restrictive factor of Kin-relationship Volum of Civil Law of the Repblic of China. Through investigating , the author find that Though it really safeguards the rights of the people to a certain extent in the metropolis,but Fails to change effectively repulsive phenomena such as "marriage too early", "taking a concubine", "the child bride" , "feudalistic family" ,etc.. destroying the principle of equality between men and women and new-type family's system in small and medium-sized cities and countryside. This kind of situation appears, because legal text independent from social reality , people being short of modern legal consciousness ,unability of the administration of justice Nanjing guomingtang government and lacking the high-quality judge In the part five, through comparing Kin-relationship Volum of Civil Law of the Repblic of China with Kin-relationship Volum of First Civil Law Draft and Second Civil Law Draft ,the author analyses that it takes status and function in the course of legislation to melt into modernization in marriage and family objectively, and think that though it has all sorts of questions, it has still advanced modernization of kin-relationship law of China further to a great extent .in the end,the author expound historical lessons that is drawn from it.