Modern Marriage Customs Marriage Regulations

In modern times, along with the Western powers for the Chinese invasion, the Western freedom of marriage, equal rights for men and women have begun to spread to China and other thoughts. Modernization of the law began in late Qing law, beyond the Nanjing National Government. China's legal reforms, from the outset, a large number of transplants to foreign law. Foreign law even a "modernization" of the pronoun.Marriage is the process of actual implementation and marriage customs changed a lot of conflict. In marriage, the legal prohibition of early marriage, early marriage, the community is still prevalent; stressed the need to obtain legal recognition of marriage in society still emphasizes the importance of the establishment of the ceremony of marriage. In the divorce, the law to make every effort to ensure women's right to divorce, but because most women are still unable to live independently, resulting in divorce women are still disadvantaged. In the remarriage, the legal protection of the rights of women remarry, be equivalent to the first marriage, the community thought that remarriage is a sinister thing, a lot of restrictions on women's remarriage.Customs has the nature of succession, it is impossible in a short time away from the traditional and the effects. Forward-looking and customs law exists between the inheritance of a great contradiction, this contradiction can not be resolved in a short time. Draws heavily on the new Marriage Law of Western law and social custom of marriage between slowly improving, inevitably there will be some contradictions. This article is to focus on the comparison between the two studies on, and use it as a perspective on the modern state and an analysis of social interaction.The first chapter analyzes the traditional marriage customs of the two years since the formation and evolution. Analysis of changes in marriage customs of different times causes and characteristics.The second chapter is divided into two parts: pre-modern marriage laws and marriage laws in modern times. A brief analysis of the first part of this chapter from the Qin and Han dynasties since the laws on marriage, traditional marriage, a preliminary understanding of the legal provisions and regulations embodied in the law of marriage ideas. The second part of this chapter, a brief analysis of the modern "two draft a law" marriage, three regulations, the development of the background characteristics of the new Marriage Law, Marriage Law and the new thinking embodied in the legislation.Chapter III. , This article will start with the specific elements of marriage and compare the various marriage laws and customs of the difference. This chapter from the age of engagement, engagement elements, etc., specific study marriage and marriage customs of the differences. Finds that the marriage shall not compel the enforcement of laws, social practices are still employed once the acceptance of each other money, it was proclaimed the marriage, the marriage can not be arbitrarily abolished.Chapter IV. This chapter will compare this perspective marriage marriage customs and laws comparison. Detailed analysis of this chapter appeared in urban and rural areas a variety of forms of marriage, the Marriage Law of the attitude of these forms of marriage. Law both men and women that marriage should be completely voluntary, free, done on the basis of equality and social customs are still in the hands of the right Zhuhun Respecting the hands of parents, etc..Chapter. The traditional right of divorce lies in the general male hands. Freedom of thought of modern divorce, each period, driven by the marriage are guaranteed the right of women to divorce. However, changes in social customs laws so far the rapid, especially rural women continued to be a lot of divorce conditions, the case of divorce is still not much used.Chapter VI. Comparison of customs laws on inheritance are different. Mainly from the status of the succession of an heir, widow inheritance, succession in the three aspects of her position to compare the similarities and differences between law and custom. In the "Civil Law ? Inheritance Chapter" in the family line inherited the cancellation succession, inheritance, property inheritance only means. The status of the mother fell in succession, inheritance rights of daughters more improved. But this succession of changes in the way, but because it will lead to excessive division of family property, in practice difficult to implement.Chapter VII. Widow remarried and her husband will be Zhuhun rights, property division and other aspects of the marriage laws and marriage customs of the difference. Law widow remarriage can take their own legal property of the family property, but because there are constraints, widow remarriage is difficult to be realized carrying capacity.Chapter VIII. Customs and laws from the perspective of the interaction of the Progressive reforms of modern marriage and conservative. The initial interaction between state and society to explore the changing role of modern marriage.