Research On Marriage Law Changes During The Period Of The Republic Of China

During the period of the republic of China,changes of the Marriage Law are mainly concentrated in the establishing,potency and releasing of the marriage. The improvement of legal marriageable age and the weakening of engagement potency reflected that this period established marriage system tended to pursuing freedom and equality; The personality rights and property rights of the wife in the marriage were well-established and protected by the law to some extent, which reflected the expectation of the marriage legal system for feminism and women’s rights; The range extension of the legal reason to filed for divorce and the perfection of divorce division of property problem reflected the attempt of the marriage law system of this period to challenge traditional and masculine dominance. The changes of the period of the republic of China marriage law has the characteristics of progressiveness and twists coexist.Marriage as part of most influenced by the traditional family system and patriarchal ethics since ancient times, it was the most affected in the tide of modern civilization. Because Marriage Law closely associated with social customs, so it was mas reserved Chinese traditional culture and national spirit at most, and it had obvious conservatism. In traditional Chinese society, the concepts of “patriarchal lineage”,“hierarchy” and “duty standards” were far-reaching.The traditional Marriage Law was influenced by these concepts therefore, but which was antagonistic to the concepts of “equality of the sexes”,“individual independence”and “Right Standard”abided by Western identity law. The contradiction of legal values would make traditional Marriage Law face more intense Conflict and challenges in the process of the modern transformation of Chinese law. And it could reflect the standpoint and choice of traditional Marriage Law in the process of the modern transformation, and it could show the transition from spirit to institution.