| The law in Nanjing national government is an important part of Chinese legal modernization, and China’s marriage law also has entered the stage of completion of modernization. The Nanjing national government period is the transition period of Chinese society, in the social transition time the society is unstable. The political, economic, and cultural have significant changes. As a result of the western advanced thoughts gradually spread to China, individualism, equality between men and women, the pursuit of freedom thought is accepted by the people, and at the same time, the traditional maintenance of patriarchal marriage system gradually losing the basis of survival. In order to adapt the development of the word, Kin-relationship Volume of Civil Law of Republic of China was promulgated in1930.This was the first formal marriage law in China. This law aroused extensive attention from all walks of life and produced a great effect outside. This marriage law had an important value to the society in that time. So there had many people which in academic surge to do research on this marriage law. This marriage law not only has high academic value in that time, but also has theoretical significance to today’s marriage law. It is also has an important historical significance to today’s construction of legal system. From this perspective, study the marriage legal system has a certain application value to us.This paper is divided into three parts. The first part from the political, economic, and cultural to introduces the historical background of the enactment of the marriage law. At the same time also introduces the legislative process. In this part is roughly introducing the content of the marriage law. By this part we can learn this marriage law better.The second part is an important part in this paper. This part main introduces the changes in the engagement, marriage, and divorce. From the changes we can learn that how the status of women is changed in the society.We can see the advanced side and the backside of this marriage system. So we can open a leaf of window of Nanjing national government.The third part is main talk about judicial practice and the society effect. From this part let us profound understanding the unbalance between marriage law and the society. Finally, the author conclude what the historical enlightenThrough the analysis of the marriage law legislation in the background, research and the main content of the marriage law, also this paper joined the many cases. The legal provisions and cases of all-round way showed the period of Nanjing national government marriage law’s progress and shortcomings. Author to write this article is to hope to be able to us some historical enlightenment. |
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