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Comparative Study Of Marriage System Between Hong Kong And Mainland Of China

Posted on:2012-03-08Degree:MasterType:Thesis
Country:ChinaCandidate:C Y WangFull Text:PDF
GTID:2166330332497168Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Since the return of Hong Kong, the exchanges between Hong Kong and the mainland of China have increased day by day, and the intermarriage between the two places are also more and more common. Under the guidance of the policy of "One Country, Two Systems" and "Remain Unchanged for 50 Years", Hong Kong enjoys the substantial autonomy. But by the influence of the Common-Law System, Hong Kong gradually formed a series of legal system that is different from the mainland's which is affected by the Civil-Law System. The legislative origin and family values have a great deal of differences between the two places. The following conflicts are should be paid attention to.As the first step of the Matrimony System, Marriage System is very important, which benefits to protect the freedom of marriage and prevent subsequent disputes in the field of family. The importance of comparative study of Marriage System between Hong Kong and the mainland of China is evident. The research on this issue is fruitful, but there are still some areas can be continued to explore. This article is based on the existence of that research results, and studies it with the History Materialistic Methodology, Literature Analysis Method and Comparison Method.For any study of a system, first of all, it should be probed into the origin. So the comparative study of Marriage System between Hong Kong and the mainland of China is started from its historical evolution, which is also the innovation of this article. First, it analyzes the Marriage System in ancient China. Then, it probes into the history and evolution of the mainland of China's Modern Marriage System. After that, it researches the causes of Marriage System in Hong Kong.On the one hand, the exploration of the origin of the Marriage System of the two places clarifies its historical development. On the other hand, it lays a foundation for analyzing the legislative representations. The comparative analysis of the Conditions on Establishing Marriage, Invalid Marriage and Revocable Marriage is an essential part of the study of the legislative representations of the Marriage System of the two places.Eventually, the comparative study of Marriage System between Hong Kong and the mainland of China is in order to consummate the Marriage System and resolve the inter-regional conflicts. Legislative experience of Marriage System in Hong Kong provides an excellent resource for the development of the mainland's Marriage System. Because of the inter-regional conflicts between Hong Kong and the mainland of China in the Marriage System, inter-regional legal cooperation must be received considerable attention. In view of the reality of the two places, we can draw on the experience of the dispute resolution mechanism of the International Private Law and the inter-regional conflicts at home and abroad, and then select the appropriate mode of our country.
Keywords/Search Tags:Marriage System, Probe into the Origin, Legislative Representations, Inter-regional Conflicts, Reference, Integration
PDF Full Text Request
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