| The biggest characteristic of transformation period lies in the oldregularity continuously fading until going to elapse, but new-born ordergradually sprouting and keeping go to establishment. Thus a kind of lately oldsubstitute is not self-moving that process complete, but is pushed by a kind ofinside and outside motive, 19 centuries are since, regard political reform asprinciple line of Chinese society of development evolve practice to would beone of the clear certificates. The rule of law reform of China is carrying incity;however it then can not get away from the village successfully. This isobvious. The farmer is the main composing power of the Chinese society, thevillage is the main composing of the Chinese society part, have nomodernization of farmer, have no modernization of China, have no rule of lawof village society have no Chinese society of rule of law, this is the Chinesesociety contemporary and very long in the future for a while inside of basicset question. Family is extremely important in the social activities. It not onlykeeps the continue of race from the living creature level, takes to flowtraditionally from the culture after mold with individual personality, but alsocarries on the expectation and adjustments to the individual behavior from thetiny view realm at the rule level, then constituting one of the whole socialnumerous and complicated and huge miscellaneous adjustment and the rulessystem mechanisms. Society transformation makes the village family takeplace the deep change: The family structure is from everyone's court to thesmall family/ core family, the family stalk line paternal uncle son arrives thehusband and wife, the family property has the husband and wife totally tohave totally from the family. This kind of change brings many law problems.The problem of supporting system among them is one of the most outstandingproblems. The article emphasizes to analysis that the family change,particularly the property system of support system( like support system andinherit traditionally of combine and retire to enjoy life the farmland system)before of treatise, reflect to shoot current support system the law system in theimperfection of the property system-namely current lawmaking concerningsupport system of rules system has no property system to prop up, since didnot combine supporting and inheritance, also lacking similar in retire to enjoylife the provision on the property of the farmland system, only is ruled to theduty person, but the one who neglected to supporting with the property. As aresult, supporting system builds on the full trust of the person currently thuson, this is one of the basic reasons that causes the village provide for theproblem currently. According to thus a kind of consider, also talk aboutaccording to the rule of law concerning ill-conditioned assumption of person,the writer thinks and should build up with the village land contracts for toconduct the power for basal and similar in retire to enjoy life the farmlandsystem, thus supporting to build on to the property of absolute trust, ratherthan to the person's absolute trust. This also means even duty person fails toperform their duty, parents can live. The deeper problem in underlying isobvious. Falling behind still in the economy, still showing the conservative ofthe culture in village, turned by the genealogist the western lawmaking andjudicial systems of the transplantation already has a gutter between the reallife and the law. This is gradually deep. This problem will enlarge graduallyalong with change of time, and then become huge obstacle of socialdevelopment. The purpose of the article lies in deep thinking of how toresolve these problems through the analysis the law rules system of supportingsystem. |
