Study The Northern Government Women’s Right To Divorce

Northern Government is an important period of social transformation, at the time ofthe marriage relationship has undergone a series of changes, from a legal perspective, themarriage law was invoked the Qing Dynasty’s old basic law, inherited the tradition ofConfucianism ethics, affirmed the patriarchy and patriarchal clan led by parent system, haddistinctive traditional Chinese characteristics. From the perspective of justice, the highestjudicial organ of Dali court in the administration of justice in the divorce, tried to keepChina’s inherent civil law tradition, and its gradual transformation to modernization, inorder to achieve a good transition effects. This transformation is mainly through theprecedents and interpretation cases of Dali court. Therefore, study the women’s right todivorce, we must proceed from the analysis of the relevant precedents and interpretationcases of Dali court.On the one hand Dali court protected women’s right to divorce, expand the grounds ofdivorce put forward by women, including unbearable cohabitation of abuse, a major insult,adultery, abandonment, the man disability, bigamy, while limiting the man’s right todivorce, such as amended "seven" system, stricted the standard of "wife fled her husband,"the loss of the man’s right to divorce, etc. It also gives women the right to divorce claim fordamages. On the other hand, Dali court Institute of women’s right to divorce to the limit,such as divorce conditions that child custody strict, divorce proceedings, divorce afterproducing evidence difficult inequality, therefore, women’s rights had undergone manychanges. Northern Government marital status is a significant feature of the development isthe increasing divorce, for women concerned, mainly because of improved self-awarenessand self-reliance of economic life.In divorce reasons, such as abandonment, abuse, insults, bigamy, mercenary marriage,economic oppression, the vast majority of victims are women, women for oppressed andhumiliated status, which offered more divorce cases. However, these inhuman persecutionbecause of unbearable husband filed for divorce and the courage of women, and not toomuch at the time, when women want to achieve independence through a divorce, the desireis still difficult to achieve, due to various reasons, more women choose to endurehumiliation life. This was not entitled to the free exercise of the phenomenon, with theNorthern Government is closely related to the special historical background, social realityforced them to make compromises attitude to face the unfortunate marriage. This paper willanalyze the legal divorce Northern Government and the combination of survey data, bothfocusing on the analysis of legislation at the time of divorce, but also focus on the analysisof the effectiveness of the legal system of divorce.Northern Government, divorce regime change presents serious imbalance, bad habits are also a variety of traditional marriage is widespread, especially in the vast rural andremote areas, which is obviously the same level of economic development, by the strengthof the influence of Western civilization, and public education and other relevant factors.Sexist, patriarchal, three from the Quartet, the concept of single-mindedness and otherfeudal ethics dominate the Chinese for thousands of years, until modern times, are stillvestiges of the traditional view of women entrenched. Unbalanced aspects of social changein China’s modern economy, politics, culture and education and is not complete, so thatwomen’s employment difficulties, the political status difficult to improve educationalopportunities are uneven, most rural women are still in a state of ignorance andbackwardness. Modern women, especially rural women can not stand on the economic,political and social rights of the non-participation reality is bound to be reflected in themarriage. This is probably the root cause of the old institution of marriage is still not overthe line according to the mistake. In addition, although the unified Northern GovernmentAct, but many places are often male-conservative forces " apologists " emerged judicialactivities interfered with women’s right to divorce is also affected, as the law is often emptytext.Changes in women ’s right to divorce Northern Government, the institution ofmarriage is a traditional form of historical accumulation of change under the new historicalconditions. The emergence and development of capitalism in China, changes in socialattitudes, women’s education and career development and continuous progress and improvethe legal and other reasons, are directly or indirectly lead to a change in the NorthernWarlords Government women the right to divorce. However, the institution of marriagechanges need to experience repeated twists and turns, old and new contradictions andstruggles to complete the traditional divorce system to the modern transformation process,depending on the transformation of the whole society. Only the progress of the whole socialconsciousness, to enhance women ’s political and economic status, women defend theirright to divorce, the desire to achieve through legal means. Further modernization of theCivil Code is a gradual process, not a legislative act by one can be achieved. Only a clearunderstanding of the basic problems faced by the legal process of modernization, a deepunderstanding of the nation’s cultural and legal culture based on which we can correctidentification of the merits of a foreign legal resources. China ’s legal modernization canonly be rooted in traditional Chinese culture and modern law, it must be each other ’smodernization.