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Chinese And Mongolian Marriage Laws Behind Two Countries Cultural And Traditional Differences

Posted on:2013-01-16Degree:MasterType:Thesis
Country:ChinaCandidate:NAMJILMAA M JFull Text:PDF
GTID:2246330374982731Subject:Chinese international education
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Family is the most basic unit of society. Whether in ancient or present times, family ties are the most widespread relationships, as nobody is excluded from being connected to a family; it is part of our respective identity. People exist as part of a family, and their relationship with it, incessantly going through a dynamic process of changing and ending, is sure to eventually be regulated by marriage laws. These represent the sum of rights and obligations of a specific family in terms of legal norms.The history of marriage laws in both countries is very long, although its use as describe in literature differs. Nevertheless, obligations created by family ties remain an integral and important part of law. Due to the development of society, the two countries have both applied many different constitutions; that which shall be researched in this paper are the differences occurring between the Law of Marriage of the People’s Republic of China (1980) and the Mongolian Law of Marriage (1999). The purpose of this paper is then to analyze these differences as well as to discover their hidden and deep cultural roots, which is the reason which motivated the use of comparative analysis, analogical reasoning as well as integration methods from literature as means for research. A few clauses have been selected as especially worthy of our attention. These include:the Principles of Marriage Laws, Legal Age for Marriage, Child Naming and Divorce Mediation.Through the comparison of two countries current marriage law, as well as the history of the two countries, the purposes of marriage-related legal implementation, explore the Chinese and Mongolian patriarchal traditional ideas, men are superior to women, divorce mediation, the legal age for marriage in terms of the cultural roots. The full text is divided into five chapters:The first chapter:Introduction. Mainly discusses the significance of this research, analysis and the related studies, and puts forward the research object of this thesis, research status and research methods. The second chapter:Overview of the current marriage law of China and Mongolia. Discussed in detail the current of the main provisions of the Marriage Law of China and Mongolia, discusses the marriage law of the two countries through this chapter, can have a better understanding of the basic content of the existing marriage between the two countries.The third chapter:Analysis of differences in marriage law. According to the law the content and difference condition, classification, is mainly divided into two parts:" no difference" and "differences"."Differences" is divided into two parts "can compared" and "no comparison". Research based on the article is "can compared". In this chapter about the differences of the two marriage law, and four aspects of the legal provisions of the Marriage Law of the two countries---the Principles of Marriage Laws, Legal Age for Marriage, Child Naming and Divorce Mediation the main difference analysis.The fourth chapter:Marriage Law of China and Mongolia to differences in the cultural roots behind. To explore four aspects the principle of the Marriage Law, the legal age for marriage, child’s name, divorce mediation of the cultural roots behind in China and Mongolia Marriage Laws difference.The fifth chapter:Conclusion.The marriage law differences between the two countries is one of the priorities in this study, from a legal point of view, the relevant laws and regulations of China and Mongolia era marriage comparative studies, is also the current direction of development of the culture of marriage.
Keywords/Search Tags:Marriage law of China and Mongolia, differences in two countriesmarriage laws, cultural differences
PDF Full Text Request
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