The Research Of Family Law In Civil Law Draft Of Qing Dynasty

The patriarchal society of ancient China, which based on the self-sufficient peasant economy, emphasizes on blood relationships between people and family ethics. Thus forms a rich content of family law. However, under the style of the ancient tradition’s codification of "dharma’s fit","the combination of civil and criminal laws", the contents of the family law are rubbed into other legal norms. In ancient China, family law existed only in the real sense but not in formal sense. However, with the legal reforms carried out in late Qing Dynasty, for the first time it set out the contents of the family law in the form of a special chapter in the fourth part of the "Civil Draft Law of Qing Dynasty". Therefore, the family law achieved a unity both in the sense of formal and real. It can be seen that the significance of the family law in the "Civil Draft Law of Qing Dynasty". This thesis will make a detailed and comprehensive interpretation of the contents of its family law.This thesis is divided into four parts. The introduction illustrates the significance of the topic, the research condition and innovation of this thesis, etc. Chapter one mainly explains the historical background of the family law in the "Civil Draft Law of Qing Dynasty", its revision process and the related legislative principles, we can see the legislators at that time to do adequate preparation fou the relative revision of the "Civil Draft Law of Qing Dynasty" including the hiring of foreign legal experts,the translation of the relatived foreign code and the investigation about civil habits,and the determinaton of the total legislative guiding ideology and principles,these tasks made a solid foundation for the formulation of specific legal provisions.Chapter two makes a detailed interpretation of specific provisions of the family law in the "Civil Draft Law of Qing Dynasty". While analyzing the contents of the relatives, family rules, the institution of marriage, parental rights, and custody, it focuses on comparison between traditional Chinese system and the advanced Western legal system. Chapter three focuses on the characteristics of the family law in the "Civil Draft Law of Qing Dynasty" at that time. It sums up its inheritance of China’s traditional legal system and its transplantation of Western’s advanced legislative and institutional system. And thus provides its contemporary reflection. Finally, the conclusion points out that through an analysis of the formulation of the family law in the "Civil Draft Law of Qing Dynasty" and its choice of the concept of legislation, the thesis intends to provide introspection of the right attitude towards China’s traditional legal culture, and indicates reference for the codification of the family law in the Civil Code.