The Study On Marriage Legislation Between The Chinese Kuomintang And The Chinese Communist Party(1927-1937)

Chinese marriage legal system has a long history,especially in 1920 s,under the dual role of factors at home and abroad it has got rapid development.After 1927,in the construction of their regime,both of the Chinese Kuomintang and the Chinese Communist Party realized the importance of marriage legal system,made law and carried them out respectively.Both parties’ s law not only influenced their respective political power construction in different degree,but also had an important effect on the investigation of modern China.In this paper,the author analyses the commonalities and differences in the marriage legislation between the Chinese Kuomintang and the Chinese Communist Party based on the inspection of two parties’ background of marriage legislation in 1927-1937,and gives an objective evaluation on the advantages and disadvantages in the marriage legislation of the two parties.On the basis of above inspection and analyze,the author also explores the reference significance from the marriage legislation of the Chinese Kuomintang and the Chinese Communist party to the marriage legal system construction in modern China.This paper is divided into four parts:The first part: through reviewing the social historical conditions of the marriage legislation in both the Chinese Kuomintang and the Chinese Communist Party,sketching out the ideological formation and development situation of modern Chinese social marriage and family’s status,political development condition and modern Chinese marriage legal system.The second part: systematically combing the marriage legislation’s process and marriage legal system’s main content of the Chinese Kuomintang and the Chinese Communist Party,and giving an specific analysis on the marriage law’s implementation of the Chinese Kuomintang and the Chinese Communist Party.The third part: analysing the commonalities and differences in the marriage legislation between the Chinese Kuomintang and the Chinese Communist Party.The marriage legislation of the Kuomintang and the Communist Party were subject to the influence of many factors at home and abroad,with the wartime characteristic,were the same as a necessary condition for the consolidation of the regime’s,and were subject to the influence of political turmoil.But their marriage legislation had fundamentally different class attribute,and determine its differences in the legislative purpose,legislative path and the degree of implementation.The fouth part: giving an objective analysis on the advantages and disadvantages of marriage legislative content,form and specific implementation between the Chinese Kuomintang and the Chinese Communist Party,summarize the experience and provide reference for the construction of modern Chinese marriage legal system.