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Summary Of The First Marriage Law

Posted on:2009-02-16Degree:MasterType:Thesis
Country:ChinaCandidate:Z HanFull Text:PDF
GTID:2166360242982918Subject:China's modern history
Abstract/Summary:PDF Full Text Request
China experienced the vicissitudes of life in the semi-feudal semi-colonial society. The Chinese people are in dire straits for a long period of time. Chinese women suffered a lot from the feudal habit and oppression over several thousand years. In the feudal society, "The Sangang and the Five Permanent Members" and "Paternity" were like heavy shackles for all women. They were tied up as a butterfly and can not fly. China's feudal institution of marriage hurt women so deeply, that they all bear the physical and psychological burden. The old parents and match-maker oriented marriage brought great to men pain and at the same time drove women in the abyss of slavery. The victory of the new democratic revolution and the establishment of the People's Republic of China gave the Chinese people a bright future and started a new era. During this period, tremendous political, economic, cultural changes had taken place. The continuous improvement of productivity urgently required the establishment of a new social system. "Marriage Law" came into being in such a powerful current of the times. The Act provides for: the abolition of forced marriage, paternity, the practice of monogamy, the principle of equality of rights between men and women, prohibition of bigamy, concubinage and Tongyangxi; prohibiting any person who obtains property by marriage. The law broke the feudal system under the patriarchal and forced marriage tradition and established the principle of freedom and equality which led to the new institution of marriage. This system stressed and maintained women's interests in marriage and had provided legal protection for women's freedom and liberation. "Marriage Law" was promulgated rapidly within a year after the founding of the People's Republic of China. It isn't an overnight thing and should benefit from the drafting during the period of Xibaipo. On September in 1948, the liberation war has entered a stage of comprehensive strategic counterattack. In order to strengthen the party's leadership over the work of women and help women to create basic conditions for their own liberation, the CPC Central Committee held a work conference on women in the liberated areas from September 20 to October 6. On April 13th in 1950, the WoC drafted the "Marriage Ordinance" discussed the amendment draft and formed the bill of "Marriage Law of the PRC". The Central People's Government promulgated the law after discussion in the seventh meeting of the Committee. Chen Shaoyu (Wang Ming), who was the chairman of Legislative Committee of the Central People's Government made a report on the reasons and procedures of drafting the Marriage Law of the PRC on behalf of the Legislative Committee of the Central People's Government. On May 1 in 1950, the Central People's Government officially promulgated the "Marriage Law of the PRC." "Marriage Law" consists of eight chapters and 26 items. The following part is its basic principles. On the one hand, it determines to abolish the old institution of marriage, which means to abolish the old feudal institution of marriage in which people had to accept forced, arranged and patriarchal marriage and the interests of the children were ignored. It will also prohibit all the by-product and added goods of the old institution of marriage which means to prohibit bigamy, concubinage, Tongyang Xi, to prohibit interference in freedom of marriage of widows, to prohibit any person who makes use of marriage issues for property." On the other hand, it determines to implement the new institution of marriage, which is, "implementation of freedom of marriage between men and women, monogamy, equality of rights between men and women, the protection of the legitimate interests of women and children of the new democratic institution of marriage." The law set detailed provisions on conditions for marriage and marriage registration, the rights and obligations of the husband and wife , the relationship between parents and children, divorce, custody and education of children after divorce, property and life after divorce. Central Legislative Committee, the Central People's Government Ministry of Justice, the Interior Ministry and the Supreme People's Court and other departments have also developed a number of supporting specific policies, so as not only to build a new democratic integrity of the institution of marriage, but also provided a legal basis for the reform of the institution of marriage . On April 30 in 1950, the CPC Central Committee issued a special "CPC Central Committee on the implementation of the Marriage Law to guarantee the party's notice", requiring all Party members and Party committees at all levels to take the correct implementation of the Marriage Law, publicity and organizational work as one of the important tasks for the current and often. Everywhere throughout the country gave immediate respond positively to the call of the party. Provincial and municipal people's governments have ordered deployment for the establishment of the Marriage Law Committee, to conduct all the "Marriage Law" propaganda study and work. It's various in the extent of the implementation of "Marriage Law" in different regions of the country. However, on the whole, the campaign of implementing and making a propaganda of the Marriage Law gave strong impact to the feudal ideas in the minds of the people and basically abolished the feudal institution of marriage for thousands of years. The establishment of the new democratic institution of marriage has had a profound impact on the social life in various regions of the country.
Keywords/Search Tags:Marriage
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