Research On The System Of Engagement Dissolution In The Period Of Nanjing National Government

With the widespread of freedom, equality after the late Qing Dynasty in China, the traditional values and institutional framework have been hit seriously. On the legal level, the provisions about the dissolution system of a engagement in the Civil Code of the Republic of China are relatively complete and of great advancement. For this reason, the researcher conducts the research and analysis of the dissolution of a engagement system in the period by collecting many cases in Provisional Capital and hopes to arouse legislators’ attention to our current legal system vacancies and to provide a theoretical basis for future reconstruction of dissolution of a marriage in legal system.There are 3 parts in this text: introduction, body and conclusion, a total of more than 26,000 words.The first part: introduction. The lack of legislation leads to the reality that the dissolution of engagement controversies can find no legal basis, however, the law of Nanjing National Government for dissolution of a engagement system provides a more detailed provision, which forms the basic legal text for the study on the hermeneutics of dissolution of a engagement and the construction of the legal system. This is the reason why the researcher chooses the cases in Provisional Capital during the period of Nanjing National Government as the historical background.The second part: body. This part includes four frames. There are the history, content, implementation and impact of Nanjing National Government’s engagement dissolution system. Along with the people’s acceptance of the equality between men and women and the thought of freedom gradually, the Nanjing National Government builds a more detailed Engagement Dissolution System to comply with the historical trend. Within the framework of the Engagement Dissolution System in the period of Nanjing National Government, the researcher analyzes the requirements, ways and effects of the dissolution of engagement based on studying judicial cases in the Capital region in the period of Nanjing national government. In the period of The Nanjing national government, the controversies existing in the judicial practice are strictly in accordance with relevant provisions of the civil code of republic of China. During this time, the progressiveness of Engagement Dissolution System mainly embodies in three aspects: Firstly, engagement shall not be forced to perform and Both parties in engagement shall have the right to dissolve their engagement equally; Secondly, both parties own the right to break the engagement independently; Thirdly, there are clear guidance of law and regulation for engagement disputes and the strong religious doctrine color of the feudal society era has faded obviously.The third part: conclusion. The phenomenon of the dissolution a engagement becomes more and more common and it cannot achieve the purpose of social control if it only depends on moral constraints. Regulating the dissolution of a engagement system is forward-looking, therefore, the research on the dissolution of a marriage system is carried out through taking the essence, discarding the dregs to build a complete system for dissolution of a engagement and resolve disputes in a reasonable and lawful way.