The Marriage Law Of The Republic Of China Period Of Study

The territory of the republic of China period is an important period of our country’slegal modernization, in the period of China’s feudal society quickly to collapse. In the legalsystem, the traditional Chinese legal system also to collapse, began to modernization. In thecivil law on the inherent method aggregates, punishment people regardless of the feudal codewas abolished, imitating the western civil code of the qing civil code draft come on stage,although the draft is not put into practice, but the early republic judicial legislation have aprofound effect, followed by the government of the republic of the laws of the republic of isfour years (1915years) of the marriage law of the republic of the draft, fourteen years (1925)the national law and the draft of the" family draft"and the republic of China seventeen years(1928)" and the national law of the republic of relative method,19years (1930)" Theterritory of the republic of China civil code of the relative knitting and the period of therepublic of the case and interpretation of them were in the qing civil code draft" relativesknitting foundation perfect. Marriage law and other legal system were compared, and theinfluence of the traditional culture is profound, due to its inherent tradition, in the process oflegal transplant in the marriage law, by the influence of the traditional inherent in legislationand justice reflects the western marriage system and the traditional Chinese marriagecontradictions and fusion, also reflects the lawmakers and the judicial system in marriage onthe wisdom of the choice.This paper are divided into five parts, the first part introduces the background of the lateqing dynasty and early period of the marriage law legislation, introduction to modern Chinesesociety during the period of The territory of the republic of China, especially the traditionalmarriage, as well as modern Chinese marriage culture change. The second part mainly timefor clues, republic of each period of the marriage law of research and analysis, analysis of thecharacteristics of each period of the republic of the marriage law, and reveals the period of therepublic of marriage legislation of the overall process and complete the whole marriage lawduring the period of the republic of China, with a focus on the specific process each timemarriage legislation judicial enforcement of western advanced marriage systemtransplantation and its actual conditions and the combination of choice. The third part, mainlyin the micro level republic of marriage system to carry on the analysis, analysis in Theterritory of the republic of China circumstances marriage system change, to reflect the republic of legal transplant and law to lawmakers to choose and balance. The fourth partemphatically from the republic of judicial precedent perspective of marriage law in thejudicial actual operation, analysis during the period of the republic of marriage judicialprogressive and conservative characteristics. The fifth part is the period of the republic of themarriage law of the republic of evaluation and marriage lawmakers to be practical andrealistic attitude of legislation, judicial person to pay attention to the effect of judicial practiceof judicial attitude to our country present legal transplantation and to perfect the currentmarriage law enlightenment.Through the above a few part of the writing, the period of the republic of all previousmarriage law legislation background, the guiding ideology, the main content and the effect ofjudicial review and research, and combined with the period of the republic of the typical case,through the period of the republic of marriage law in the process of legislation for the westernadvanced the transplantation of marriage system, and the collapse in China is the traditionalsocial research, this paper reveals the marriage during the period of the republic of the threadof the legislative and judicial, in legal history perspective, China’s marriage law difficult theprocess of modernizatio the current our country legal transplant is given priority to with thelegislative activities have a certain significance.