A Study On Divocring Law Of Nanjing National Government

During the important stage of Chinese legal modernization, theNanjing National Government witnessed the modernizing process ofdivorcing laws. The Nanjing National Government period was a radicaltransition for Chinese politics, economy and culture. The traditionaldivorcing laws under patriarchal clan hierarchy and family benefits,which had been male chauvinism, began to lose the basis. Thus, thefoundation of a modern divorcing law system was in urgency. In1930,The Republic of China Civil Law: Relatives, as the first effectivelyimplemented marriage law, abandoned the obsolete divorcing institution,and meanwhile absorbed the western concepts as individualism, equalityof the sexes, freedom, together with traditional Chinese custom andconsciousness. It introduced western legal ideas and values concerningmodern divorcing laws, and transplanted the western version of legaltexts. This divorcing law was an epoch-making step and has become themilestone of Chinese marriage law. The divorcing law of NanjingNational Government was established under specific political,economical and cultural circumstances; it was formed during the breakingdown of tradition, implemented by official compelling force, and alsorestrained by custom. Therefore, this divorcing law not only can serve asthe precious experience but also can provide advices for today’s legislation. Through the study on divorcing law of Nanjing NationalGovernment, we can clarify the characteristics of modern divorcing lawsand instruct the perfection of today’s divorcing legislationThe study till present, concerning the divorcing law of NanjingNational Government, still lacks topicality, depth and a full perspective.Combining jurisprudence, history and sociology, and based on dialecticalmaterialism and historical materialism, this thesis researches on thebackground of the formation of this divorcing law, elaborates itsdivorcing institution, pattern, justification, legal procedures and legalpotency, together with the division of property and child support. Macroand micro, theoretical and empirical, this thesis explores thetransplantation, dissimilation, tradition and innovation of modern Chinesemarriage laws. Through the case study of the courts at all levels, thisthesis probes into the judicial practice, analyzes the divorcing causes, andsummarizes the features and inspirations of the divorcing law of NanjingNational Government.