The Research On Matrimonial Suit Of Early Liberation

Early liberation of marriage litigation is a field worthy of study. During this period Communist Party of China lead the people have abolished the feudal marriage system, establish the socialist system of new-democratic marriage of major reform. After the establishment of the People's Republic of China promulgated by the law is the marriage law of the People's Republic. Its promulgation and implement, make the changes in the marriage system and the concept in China has reached unprecedented breadth, depth and height, and has made the women's marriage and family status and the whole society has changed a lot. Overall, on the stage of early liberation of the matrimonial proceedings research mostly from the perspective of sociology, history of this period of macroscopic system of marriage is reviewed and summarized, still lack sufficient empirical research. So, from the angle of matrimonial proceedings practice research of China is especially important. In this paper, based on the matrimonial proceedings of the early liberation, fix the case to the people's court of Yongxiu County, Jiangxi Province. Based on the judicial practice, and drawing on the previous research achievements. Search the related materials of the formulation and revision of the Marriage Law. From the marriage law promulgated and implemented to the characteristics of marriage proceedings, the specific process, and then to the marriage law of the basic spirit of lawsuit practice and influence, uses the empirical analysis to discuss the matrimonial causes of the early liberation and the more prominent with the Marriage Law of marriage-related issues.This paper is divided into five parts. In the preface, the author puts forward the current domestic, foreign demand for early liberation matrimonial proceedings problems, and to illustrate research ideas and research status.The first part mainly expounds the early liberation of the marriage law enacted and divorce cases. Firstly expounds the marriage law enacted in 1950, the background, the main content, the significance and influence, pointed out that it became the first true sense of the legal department, was a common result of historical development and the practical needs, but not a accident.Then, specific instructions for the divorce climax and reasons after the marriage law enacted in 1950. Finally, introduce that with the party and the state universal promoted and implemented the Marriage Laws in 1953, the matrimonial proceedings of early liberation showing a certain stage.The second part details the basic form of the matrimonial causes of early liberation. Firstly, to the basic situation of the marriage cases of early liberation, such as application of gender, the composition and age, this made a detailed statistical description. Due to the feudal marriage system that destroyed most of the women, and generally younger age of marriage, it is difficult to establish emotional foundation with each other, coupled with long-term oppression by feudalism, so as the early liberated "Marriage Law" promulgated and implemented, the majority of women comrades have insisted divorce. Secondly, the years of marriage of early liberation and the nature of marriage was also made by certain statistical properties of instructions. Out of the duration of the marriage relationship of early liberation is generally shortly, people's marriage is not a stable state, causing instability of the family, which is a special historical background of the time. Finally, through a lot of cases to explain the reasons for divorce of early liberation and the concrete manifestation.The third part focuses on the initial basic procedures for matrimonial cases of early liberation which tried by the people's court. Firstly, illustrates the way of divorce cases of the People's Court accepted:the divorce proceedings of early liberation before entering the dispute must be resolved through the district people's government, indeed by the mediation fails to transfer when the report to the court, the court accepted. Secondly, through the case to explain the early liberation in the divorce court mediation and investigate the characteristics of The Times. In the early liberation, because national key against feudal marriage, thus to divorce court mediation program execution is quite comfortable, whoever is arranged, force, and the feudal marriage property, once, the court basically without mediation to make a judgment of divorce. About the liberation of the initial divorce proceedings, due to investigate the period is "the mass line", therefore is not responsible for, but by the parties by the judge his people, visiting investigation. Again, continues through the court case of early liberation to illustrate whether the principal basis for divorce. Through legal reason, people and organizations at the grass-roots level, the party and national policies for the case, pointed out that in the early liberation, the policy of dominant in judicial position, public opinion can be controlled trial, the law is the verdict of the form. Finally, through the case illustrates the divorce ruling in early liberation and its partial obstacles.The fourth part, which is the last part of the article mainly discusses the impacts and consequences of the Marriage litigants and social. Further pointed out early liberation of the matrimonial proceedings practice the new marriage law basic spirit, and help the majority of the men and women that destroyed by the feudal marriage system as soon as possible to lift the yoke of marriage, get rid of the shackles of feudal marriage system, to seek their own happiness in marriage. However, due to the long feudal rule, feudal thought in mind already entrenched, people should thoroughly remove feudal marriage system and not a thing, the implementation and practice of matrimonial laws, not smooth, it will long way to go.