The Jurisprudence Analysis Of Division Of Family Property In The Period Of The Republic Of China

Separation is the Chinese family mode of generational shift, but also familyreproduction process of the separation analysis of production process is the parents’property will be passed on to the next generation of one of the most important step. Mainlyshowed the average analysis to produce dry property inherit traditional way to finalize thedesign, since the Shang Yang reform in traffic for over two thousand years, families in allwalks of life, its influence is beyond the small family courtyard, affected the historicalprocess of the whole society. The system after a long development has formed a very stableprocess and content, its effectiveness has been admitted by national law. Separationanalysis system of production, therefore, is our country’s traditional inheritance system, isthe important content in the study of traditional legal culture in China.Since1840the Opium War, China was forced to open the door to the Western, andChinese society slowly began the transformational from tradition to modern. Stepping inthe20th century, especially after the revolution and the establishment of the Republic ofChina, this historical process of social transition in China is speeding up. In this historicalprocess of new and old, eastern and western, progressional and traditional, all these havesuffered from confliction and convergence in all kinds of contradictory ideas. In this rapidlychanging era, separation analysis of this important institution has also transformed with eratraces from the tradition to the modern idea in this process. The traditional separationanalysis of production system also presents transitional, unbalanced characteristics amongthe conflict and contradiction.The main principles of Separation analysis has become a widespread custom and folkespecially in rural areas in our country, and has affected in Chinese people’s daily life.These habits had great influence on the process of our rule of law. This article mainlydiscusses the separation of this particular historical period of the Republic of China madesystem analysis is how to change development, we analyzed how the ruler is in thisparticular period dealt with the relation between folk law and national law. Regarding onthe relationship between the folk law and national law analysis and discussion, we mainlypromote the progress of our country under the rule of law as an effort of their own.