Republic Of China Shanghai Foreign Marriages Trial Study

Foreign marriage is a relationship between Chinese and foreigners or people without nationality, or a relationship between the foreigners living in china. This article takes about 500 typical cases of Shanghai counts in 1940s, including the Shanghai first special zone local count, the Shanghai second special zone local count, Wang Jingwei puppet regime shanghai local count and National Government Shanghai local count as an object, to discuss the foreign marriage trials combine with the international private law theory.The first chapter of this article introduces the background of the ages when the cases came into being, analyses the complexion of Chinese economy, polity, society and legal system of that time. Emphases the foreigners living in china and the affect of the leased territory, and the result of modern legal reform in china. Then we can realize the reason why so many foreign marriage cases were produced in that time.In the second chapter, the article specializes a great deal of cases, exhibit the legislation and judiciary about the foreign marriage. From the angle of substantive law, particularly discuss how the law of , < Republic of China Civil Code>and< Republic of China Civil Action Code> was applied in the foreign marriage cases in each count.Chapter three takes 133 foreign marriage cases of 1947 as objects, particularly analyses foreign marriage trials of National Government shanghai local count. Recurs the judicial documents format, the category of the accepted foreign marriage cases, the nationality of the parties, the causes of marriage trials and the recover ratio of the count in that time. From the angle of procedural law, discuss the foreign marriage trials, from which we can summarize the characteristic of the trials and the system of judiciary and lawyer.Chapter four takes the cases for example, discusses Chinese international private law's history and the of conflict law in the foreign marriage cases. Chinese international private law's history is about the ancient international private law and the legislation history of international private law in modern time. Conflict law theory is about Preliminary question, Identification Problem, Reservation of Public Order and Ascertainment of Foreign Law.The legal system evolvement of modern china is an inevitable process, because the trend of civilization clash is from the laggard to the advanced. In 1940s, each system had already presented an irreversible modernize trend. All the foreign marriage cases of the counts had sufficiently proved that modern China had in the area as widely as they can, judge strictly according to Chinese law, and equality before the law. All above can give edification for us to realize modern and today's legal revolution.