The Engagement During The Nanjing National Government

The law system of marriage contract in ancient China, which had along history, seems considerably perfect. During the later stage of thedynasty of Qing, the concept and system of ancient China sufferedserious shocking. The governments after the dynasty of Qing tried toreconcile the contradiction between the tradition and the contemporaryage, country and society, so did the Nanjing National Government. Nomatter the result, the research of the marriage contract of this period isvaluable to the reconstruction of marriage contract system. So the writerregards the marriage contract of Nanjing National Government as themeof the dissertation. The dissertation can be divided into seven parts,which as follows:The first part: Considering the freedom of love, there is no marriagecontract of system in the current law system of marriage, but it doesn'tsignify there is no lawful relationship and issue. Academic circle'sresearch of the marriage contract is comparatively perfect, except theperiod of Nanjing National Government. The article tries to research themarriage contract of this period with the methods of history andsociology.The second part: the change of the system of marriage contract inancient China. The marriage contract before the dynasty of Tangexpressed as rite. To the dynasty of Tang, the law system of marriagecontract was unprecedented completely with the combination of rite andlaw, so we can fine the clauses from the establishment of marriagecontract to the relief and responsibility. The dynasty after Tang allmended the clauses on the law system of Tang.The third part: the marriage contract of country system during theNanjing National Government. We can deduce the high opinion ofNanjing National Government on marriage contract system from the lawand judicious precedent. The law in 1930th and 1945th had detailed clauses which composed of establishment, fulfillment, and relief. TheCivil Law during this period was different from the law in ancient Chinaon party concerned, relief term, and responsibility of violation becauseof political form, economical mode and social composition.The forth part: the marriage contract of civil custom during theNanjing National Government. We can see that the custom about themarriage contract were distinct but also had some affinity through theaccount of The Investigation of Civil and Commercial custom. Thegovernment tried to draw the advance experience into the law systembut also the unknown conception.The fifth part: the marriage contract of judicial practice duringNanjing National Government. The action of justice on coordinating thecontradiction between the law and custom couldn't be ignored.The sixth part: the relationship between the law and custom onmarriage contract is one of the hot spots in the academic circles. Thecommon concept of the mutual mode is: mutual affecting and seeping.The seventh part: complement. The common concept about therebuilding of the marriage contract is based on the system and value ofWestern Country. But the writer appeal that we must value the traditionand culture of ourselves because the law is national.