Republic Of China During The Marriage And Family Legislation Research

China's legal system in the history of the Republic of China is an important period of historical period, in this period, the Chinese community - the old system's rapid disintegration of the traditional, the legal system, Chinese Legal System toward collapse, and started their own Modernization of the legal process. Marriage and family legislation with the same period compared to other legal systems, because of its inherent traditional, legal migration process and better reflect the existing legal system on the impact of legislation and signs, but also better able to reflect the traditional Chinese legal system Modernization in the process of conflict and choice.Republic of China during the marriage and family legislation, including a total of 1911 "-the draft law" in the "relative series," In four years (1915) of the Marriage Law, the draft, in 14 years (1925), "the draft national law" The "relative draft law", in 17 years (1928), "the national law," the draft Marriage Law, in 19 years (1930) "in the Civil Code," for the relatives of the Republic of China and the jurisprudence and interpretation of cases.This paper is divided into four. Section I, a brief description of the late Qing Early Republic of China Legislative Overview of marriage and family, including traditional Chinese marriage and family system, the Republic of China Marriage and Family legislative background and the Republic of marriage and family legislation of the overall situation. In accordance with section II of historical time sequence, were studied during the marriage and family in the previous draft legislation and formal code, in the course of the study highlighted the activities of the various legislative starting point, the Legislative Council option to historical reasons and some specific technology and the Legislative Council Process and an attempt to reveal a more complete during the marriage and family legislation in the overall process in the Republic of China and the whole legislative process of marriage and family in the modernization of the legal system to complete the specific course, the key focus on the Republic of marriage and family legislation in the course of Western art Marriage and family law system of graft and the combination of its own national conditions and real choice. Section III in the first half on the basis of the Republic of marriage and family law system in the most representative of the family system, the system of marriage, divorce and marital property system in four aspects, with the reality of the Republic of China and the Dali Yuan Case Explained cases, a further theoretical research and analysis has revealed in marriage and family legislation in modern times in the process, the specific marriage and family law system in the legislative process in the history and characteristics of modern times. In the fourth quarter is a marriage and family legislation to improve China's existing marriage and family legislation of some enlightenment, including the Republic of China legislators stable and realistic attitude transplant law, the importance of judicial practice, pay attention to social investigations and social reality, for our present Graft and improve the existing law by the existence of the Marriage Law of the significance of certain.Through the above-mentioned period in the previous Legislative Council of marriage and family reasons, in principle, the main content and organize research, and then combine some of the practical case, the Republic of China during the marriage and family through the legislative process for the Western marriage and family system of the transplant, and China The combination of the traditional system of natural and social content of the actual results, and so on, has revealed China's modern marriage and family legislation in the context of this legislative period of marriage and family characteristics, so as to the legal system in the history of China's perspective on marriage and family on the modern legal system Process, from a historical perspective on modern China's marriage and family system of graft and provide a localized significance.