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"Uxorilocal Marriage" In Ch'ing Dynasty And The Analysis Of The Relative Legal Issues

Posted on:2011-06-07Degree:MasterType:Thesis
Country:ChinaCandidate:H Y HuangFull Text:PDF
GTID:2166330332973740Subject:Legal history
Abstract/Summary:PDF Full Text Request
The legal modernization of China has experienced a difficult process. The imperial decree that Tinfang Wu and Jiaben Shen take charge of the revision of law was send out by The Ch'ing government. Thus, the legal modernization of china was launched in an institutional level. Therefore, the legal modernization of China obviously belongs to exogenous type, and one of its characteristic is the lawmaking domination. In this case, the foreign legal system is out of keeping with the local legal concept in the legal modernization of China, and there exists a conflict between national law and folk law (habits, moral, the village and villagers pledges, etc). These problems have been affected the construction of nowadays legal system so that need to be taken seriously. Based on the legislation of the matrimonial and family law, marriage and family problems on the history is always the focus for social and legal history scholars. Conflict between the foreign legal thoughts and traditional marriage is unavoidably. These conflicts are not completely any profit, however, it helps us to analyze and develop today's marriage and family system. This paper is based on the "uxorilocal marriage" system of Chinese Ch'ing dynasty, finding the difference of every case from a large number of cases, and these cases was summarized to illustrate the characteristics of " uxorilocal marriage "in Ch'ing dynasty and the legal culture that reflects. Article can be divided into three parts:the opening, part of the paper mainly introduces the research background and significance of the article, domestic and foreign literature review. The body part introduces system and characteristics of the "uxorilocal marriage" in Ch'ing dynasty, and the similarities and differences from previous generations of this system and its reason, also the legal problems behind the system was deeply excavated. In the concluding part, author sums up some of his views on the "uxorilocal marriage" in Ch'ing dynasty.
Keywords/Search Tags:Uxorilocal son-in-law, Uxorilocal marriage, Consanguinity, Accession of property, The code of Ch'ing
PDF Full Text Request
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