Analysis On Evolution Of Marriage Law During Republic Of China-Based On Typical Cases Law Study

The legal modernization of China's Marriage Law has experienced a long and torturous process, which is closely associated with the development of society. This dissertation bases on the judicial precedents of marriage and family disputes of the period of the Republic of China, which vividly shows the legal modernization of marriage by form of case analysis. All these analysis can be used for reference to improve our current Marriage law.This article is about 30000 words, which consists of the following six parts:The first part is the introduction. This part firstly explains the purpose of this article. Then introduces the basic situation of related domestic research results, reviews achievements of academia, and describes the achievements and deficiency. Furthermore, expounds the research angle, namely, by the investigation into several major Marriage Law systems in the Republic of China, in order to grasp the existence of basic change in marriage laws during the this period. Finally, states the approaches and methods of this article.The second part introduces the background of Marriage Law in the Republic of China. There are two clues: First, this part reviews the evolution of Marriage legislation. Second, due to the defects in legislative, case law was applied in real life to replenish the Common Law and habits. All these reflect the marriage system to be progressive and multi-faceted.The third part is about marriage establishment. This part elaborates the nature, effectiveness and formal requirements of marriage. In the period of Beiyang Government more traditional marriage mode had been adopted. But the Nanjing national government introduced the theory of Liberty and Equality into the Marriage Law under the conflict between indigenous and adopted law. Engagement wasn't necessary to establish marriage, but it should not be rigorously enforced, and can not be cancelled at will. Legal age had been raised and form of marriage had been simplified.The forth part deals with concubinage. During the period of the Republic of China, the legislation and justice were not expressly forbidden the existence of a concubine, although concubine had caused legal concerns. This part can be divided into following sections. The first one deals with the identity of concubine and the affirmation of concubinage. The Supreme Court confirmed concubines as family members, and admitted that there were duty of support between patriarch and concubine. The second part describes that the Supreme Court restricted divorce for the reason of concubinage. The third one introduces the system of living apart and differences between wife and concubine. There was not legislation regarding, but it was a fact. The claim for living apart reflected the different status between wives and concubines, and the right of claim exclusively belonged to wife. Concubine can not request living apart, but they could separate from patriarch.The fifth part is about divorce system. The author introduced the reasons for divorce at first. The author selects representative topics such as 'unbearable mistreatment incohabitation' and 'desertion' for further study .Second part is about efficacy of divorce. The author discusses children's guardianship after divorce, the division of marital property, divorce compensation and support.The sixth part is the conclusion part. Author summarizes the development of China's Marriage Law as a whole, reflects marriage legal transplantation, also the collision between national conditions and customs. It's hoped that the development process of Marriage Law can benefit the current legislation.