Research On The Engagement Of Nanjing National Government Legal System

After the Qing Dynasty, with the strong momentum of Western ideology and culture to a large number of inputs, the Western culture on Chinese traditional values and institutional framework for a full range of baptism, marriage system is also not spared. Qing dynasties after the government are trying to adjust the tension between tradition and reality of relationships in order to achieve the purpose of maintaining its rule. This is the National Government in Nanjing during the marriage legal system reflected the more apparent. This paper uses historical methods, Nanjing National Government's engagement analysis of the legal system. Civil Code of the National Government the provisions of Article 972 of the analysis, we can see Elements of marriage into four components, namely, the parties shall be men and women set their own; be reached the age of engagement; ability to be an interesting party, a minor set marital arrangement, be subject to the consent of legal representatives; the subject of marriage, shall be legal. At the same time the effect of marriage weakened physical binding, the marriage may not be compelled to perfonn. Although the mutual engagement of people held for the marriage obligations, but this obligation shall not be forced to perform the request. Nanjing National Government, still follow the traditional when entering into marriage is often accompanied by the payment of dowry or keepsake, after the dissolution of a marriage, the property ownership is often in dispute, one party after the dissolution of a marriage dissolution of marriage, should be compensated; can not be reasons, the reasons men and women the unilateral dissolution of marriage, the parties, and to bear liability, but not limited to property damage, but is limited to no fault of the victims, in addition to the defaulting party's liability for property damage, moral damage suffered by one party is so should be compensation, this article has discussed in detail. National Government during the marriage system and the traditional marriage system in comparison, has a lot of progress, primarily in the following five aspects, namely, marriage is no longer a necessary procedure to get married; gradually weaken and dilute the marriage binding on the person; gradual transition to independence by the parties entered into a marriage; to gradually establish a new marriage contract dispute settlement mechanism; focus on customs and laws of the integration and convergence. Limitations in three aspects, namely, the people still adhere to the traditional concept of marriage, marriage contract of feudal elements in some of its provisions are still very strong; state law on marriage and civil habits of some provisions in there is a certain tension in relations. Through the National Government and foreign countries during the marriage legislation and judicial precedents for comparison and analysis, construction of the current marriage system of great instructive. Construction of engagement with the legal system with Chinese characteristics, as well as learn from the essence of traditional culture, rather than blindly follow the West.