Font Size: a A A

The Judicial Referee Analysis On The System Of Bigamy Cases In The Early Years Of New China In Chongqing Region (1950-1953)

Posted on:2018-01-06Degree:MasterType:Thesis
Country:ChinaCandidate:D D DongFull Text:PDF
GTID:2346330518950350Subject:Legal history
Abstract/Summary:PDF Full Text Request
Bigamy as a social phenomenon,in ancient times of China is limited by the etiquette,in today's society is limited by the moral condemnation.As a legal phenomenon,the traditional society promotes the role of legislation of bigamy to a height of the ruling order and maintains the unfair personal relationship.On the one hand,the legislation of bigamy in modern society is influenced by western advanced marriage and it is progressive,on the other hand,the legislation of bigamy is often submit to the power of traditional marriage in the judicial practice and it violates the laws and regulations.After the founding of new China,the old marriage system such as the bigamy concubinage which left over from history still harms the rights and interests of women.So in 1950 the "marriage law of the People's Republic of China" was enacted as the new China's first law.It changes the legislation of bigamy in modern China and its' main task is to get rid of the old model.It forbids the bigamy and concubinage.The research of bigamy cases of Chongqing region in the early new China is very important for our understanding of the situation of bigamy,and for exploring the reasons behind the behavior of bigamy and the analysis of bigamy cases.This paper mainly studies the bigamy cases of judicial referee(1950-1953)in the Chongqing region of early China.The text is composed of preface,text,references and thanks.In this paper,the main text is divided into three parts:The first part examines the bigamy legislative history.The ancient legislation of bigamy regulation puts a concubine as a wife.Concubinage as an ancient monogamy and supplementary legal form does not belong to the category of bigamy regulation.Modern legislation of bigamy is not exhaustive for noncommittal concubinage and it gives enough living space to concubinage.The second part is the analysis of bigamy cases in Chongqing region in early China.First it introduces the social background and the legal background of cases.Then it classifies the cases and investigates the basic situation of bigamy and analyzes the reasons behind the behavior of bigamy.The third part is the analysis and evaluation on judicial referee in bigamy cases in Chongqing area of early China.The division of family property after the divorce and the question about raising children in civil judicial referee in bigamy cases are different between legal regulations and judicial practice.Bigamy cases of criminal judicial referee has colloquial characteristics in the language and has clear logical structure,and pay attention to the mass line.It has full political language on the applicable law but its' legal language is absent.It pays attention to the education and light punishment on sentencing.Bigamy case of judicial judgment has played a positive role in destroying the old marriage system,spreading the new concept of marriage and civilizing the people,but it has problems in the definition of bigamy standards and standardization of the referee.
Keywords/Search Tags:Early China, Chongqing region, Bigamy, The judicial referee
PDF Full Text Request
Related items