Research On The Modern Transformation Of Chinese Traditional Marriage Law

The role of marriage in the historical process of social development is irreplaceable,but before the modern Chinese marriage has a lot of bad habits,these bad habits are reflected in the form of marriage: the sale of marriage,received marriage,but also reflected in the comprador,heavy family,Light individual,parents arranged,the level of serious differences on the characteristics of the above.The universality and influence of modern folk traditional marriages can not be underestimated in the development of modern marriage law.I am under the guidance of the teacher,in the horizontal will be customs and the provisions of the code analysis,vertical will be different periods of the code analysis and comparison,and by means of the corresponding period of the case,customs,from modern traditional marriage and traditional marriage The author analyzes the contradiction between the advancement of western marriage law and the civil code of modern China,and summarizes the contradiction between the advance of legislation and the lag of people's consciousness.It breaks through the history and the field.Category,this contradictory relationship is not only reflected in the history of the law,in any society,a new law or rules developed,this contradiction will exist.This is undoubtedly our future legal or rules of the formulation and implementation,has important practical significance.The second chapter explores the form and characteristics of marriage in traditional Chinese society,and briefly describes the provisions and characteristics of traditional social marriage.The third chapter explores the changes of traditional social marriage in the draft of the Qing Dynasty,including the transshipment of western marriage law,the change of marriage and marriage,and the new marriage relationship.This paper explores the succession of the traditional marital law in the draft of the draft law of the Republic of China,which is mainly the influence of the draft of the Qing Dynasty on its codification system and its contents.The fifth chapter explores the changes in the marital law in the Civil Law of the Chinese People's Republic of China,The sixth chapter mainly discusses the influence of the modern social mentality on the legal transformation of the traditional marriage by discussing the process of the change of the traditional marriage law in our country,including the advance of the legislation and the lag of the public consciousness TheBased on the legislative purpose of legislation,the theoretical basis of legislation and the characteristics of legislation and the cultural level and social structure of the people,this paper analyzes the contradiction between the advance of legislation and the lag of public consciousness.The transformation of marriage law is the impetus to the contradictory relationship.This contradiction relationship is indispensable in the process of legal transformation of traditional Chinese marriages and is indispensable in the process of Chinese rule of law.