Study On System And Practice Of The Marriage Law Of The Republic Of China In 1930

In recent years,laws of the Republic of China began to attract the attention of academia,and became one of the hotspots in study of Chinese legal history.The marriage law of Nanjing National Government in 1930 was the first marriage law with modern significance in China.It basically achieved the reform of engagement system,marriage system,divorce system and husband and wife property system and the pursued the equality between men and women,freedom of marriage and other legislative principles and ideas.However,it is not difficult to see that there was obvious conflict between the law and traditions in China.Though the law was strongly pushed by the government,the conflict was not treated properly,which led to the limited implementation effect at that time.In fact,some of the conflict still exists today and even other new conflict appears,which hinders the effect of contemporary marriage law.Therefore,study on this law is still of great significance today.Based on the literature research,this article argues that there should be three models of study on laws in the Republic of China: legal transplantation,legal modernization and national law and customs,which correspond to the conflict between foreign law and national law,traditional law and modern law,law and customs respectively.System and practice of marriage law in 1930 embodied the conflict between marriage law and marriage customs,which belonged to the category of conflict of law and customs.Therefore,it is more reasonable to study it under this theoretical framework.According to this theory,there are both conflict and coordination between law and customs,so we should not only abandon the outmoded customs but also seek the coordination between law and goodcustoms,in order to better implement the regulation of social life.In view of this,this article attempts to be based on study of system and practice of the law under this study model,to consider the conflict between marriage law and marriage customs,and propose recommendations to solve the conflict combined with the actual situation of the times.The article will start from the following four parts:The first part: Theoretical frameworks.First of all,the three different models were elaborated,and then the study model to be selected by this article should be analyzed.The second part: Conflict between marriage law of the Republic of China in 1930 and marriage customs.First of all,it is an overview of the legislation of marriage at that time from three aspects of the legislative background,the legislative characteristics and the main contents of the law.And then,explain the conflict and reasons by comparison analysis of the marriage law and traditional marriage customs.The third part: The implementation effect of the law under the conflict between law and customs.Through the analysis of the application of marriage law in justice practice in 1930 and the changes of society situation,it was found that the implementation effect of the law was not obvious and did not cause significant changes in society.Which leads to the consideration of conflict between marriage law and marriage custom.The Fourth part: Consideration of the conflict between marriage law and marriage customs.First of all,through the specific cases and actual society situation,analyze the existence of the conflict between marriage law and marriage customs in contemporary marital law.And then,form the theory of national law and customs and combined with contemporary reality,propose the specific recommendations to solve the conflict between marriage law and marriage customs.