Analysis On Feminist Jurisprudence Of Marriage Law In Nanjing Government

This thesis will value the gender inclination and historical status of the Marriage Law of Nanjing Government and probe the gain and loss in the protection of women's interest in the modernization of Marriage Law.In addition to the introduction and conclusion,the full text consists of six parts. The main contents are introduced briefly as follows:The introduction expounds the significance of this paper,research status,research materials and research ideas,and emphasizes on research method of feminist jurisprudence which puts forward women problems and gender analysis.In the first part,the author sums up the historical evolvement process of Chinese Marriage Law and briefly analyzes the traditional marriage system,draft of marriage law in the late Qing Dynasty and Early Republic of China and the features of the Marriage Law of Nanjing Government.Analyzed from the term of the legal text,Marriage Law of Nanjing Government protected some of women's interests,such as freedom of engagement,freedom of matrimony,freedom of divorce,duty of chastity,independent personality.But there are still some rules going against the female spouse,such as the unfair distribution of the martial property to the female,the children guardianship,the stipulation of family violence,the marital surname,the practice of many concubines.Apart from these,some female interests are not mentioned in the statute book,such as the value of housework in marital property,sexual right and sexual obligation in marriage,the compensation for female's bearing obligation.Analyzed from the effects of judicial practice,the traditional folk marriage law still has a strong impact on people's marital behaviors.However,the Marriage Law of Nanjing Government ignored the traditional customary marriage law while borrowing a large number of foreign legal systems of marriage,resulting in the legal ordinance disengaged from social reality.The ideological of husband authority has a significant impact on the District Court over the verdict of divorce cases.Compared with the urban women,the rural women have a far lower awareness and application of the Law.Even the urban women have to face many unfavorable factors when they are applying the law to protect themselves.In the six part of the thesis,the author analyzes the relationship between wife and concubines.The concubine system are not acknowledge in the Marriage Law of Nanjing Government does of system,but protected in the judicial practice,even appearing a legal phenomenon "wife inferior to concubine"The conclusion is a reflection of the value of and the limitations in protecting the female's interests and improving the female's marital status.The author holds that the Marriage Law of Nanjing Government is inclined to the male spouse and to discriminate against the female spouse.