The Change Of Women’s Right In The Dissolution Of Marriage In The Republic Of China

The Revolution opened the prelude of democratic politics in China，and accelerate theprocess of modernization of Chinese society. With an intrinsic motivation insufficient, and thestubborn resistance of the traditional ethics, the modernization of marriage legal system was adifficult and tortuous process. This article describes the change of women’s right in marriagedissolution in three clues: the establishment of legal texts and evolution; judiciary sentencedfor marriage case solution concept and how social people accepted and use their rights.Whichare the three clues in this article.The Revolution of1911accelerated the modern transformation of Chinese society，Abourgeois regime was established, the capitalist economy developed quickly, the naturaleconomy disintegrated further. People freed from the home and land, the number ofprofessional women increased quickly.The principle of equality between men and women,and the personal standard is becoming the basic principles of the law.This paper introduced the change of women’s rights in the engagement system, divorcelegal system and the concubine system. With the struggle of the individual-based andfamily-based, women’s became an essential element of marriage, and the force of marriagebecame weaken, women’s right to terminate their marriage continued to expand. Replacingthe "parents","matchmaker",women become the protagonist of the marriage system; In orderto elaborate the expansion of women grounds for divorce, the third chapter introduced thechanges of women’s right to divorce, analyzes the change of the situation of women’s divorcerights in case of "unbearable abuse of cohabitation,""bigamy" etc. The security system of theRepublic of China during the women the right to divorce-the consolation fund system andthe separation system were also described in this part; Chapter IV introduced the change ofconcubine system in Republic of China. Their legal status of the concubine has beenimproved, they became a "family" in the marriage, they start to have the rights to terminatethe marriage with no reason.Chapter V introduced the actual results achieved in the application and the difficulties ofthe Civil Code of the Republic of China. And pointed out that due to the powerful inertia oftraditional ethics, the weakness of the economic status of women and rights awareness, Combined with the inclination the Codex itself, the effect in practice of women’s right todivorce their marriage is far from ideal. In the end, summarized the overall process of thechange of women marriage right to terminate in the Republic of China, from which we canexplore the useful experiences and lessons for development of today’s marriage legal system.