Evolution Of Modern Chinese Customary Of Family Division

Family division is an important custom about the pass to patrimony in the traditional Chinese society. The process about family division has formed a relatively clear and specific rule system in the evolving history. Before the late Qing Dynasty amending law, it had been acknowledged over the national law. Since the modern China transplanted the western law on a large scale, the custom of the traditional family division has conflicted with the western inheritance law. With the promulgation of "Republic of China Civil Code" in 1930, the custom of the family division has been abolished at the national law level. However, the custom of the family division, which has rooted in the thousands of years in Chinese folk custom, did not disappeared. Actually, it still widely exists in real life, especially in the vast rural areas of China.Based on the family division custom in the history, this paper aims to discuss the modern civil legislation for the custom of the family division. And analyzing the relationship between the family division custom and the national law in the process of transforming the tradition to the modern time. The paper is divided into five parts. Introduction describes the origin of the problem, the academic research on the status of the family division problem and the definition of the family division and inheritance. The second part reviews the family division custom in Chinese history that is preparing for the discussion below. The third part mainly discusses the provision of the modern Chinese civil legislation about the family division, then to explore the attitude to the national law of the family division custom at different period. The fourth part analyzes the relationship between the family division custom and the national law in the process of the transformation from the tradition to the modern. The last conclusion summarizes all the paper. With the conflict between the family division custom and the state law, the state law should fully respect the customary law that has formed in Chinese folk for a long time, absorb the reasonable factors and consummate the content of the inheritance law. So that can be done much better between the two.