Study Of Divorce System From Late Qing Dynasty To The Republic Of China Period

Marriage is a special social relationship formed by the legal combination of men and women on the basis of emotion.In China,after marrying mankind's recognition of men's and women's differences,a constraint on the physiology of men and women is the earliest regulation of human ancestry,the premise of the family,and the source of social development.In the history of the Chinese nation for thousands of years,marriage is the bond that sustains family relationships,the birthplace of traditional ethics,and the area most affected by the traditional patriarchal system.Divorce is the most important way to dissolve the marriage relationship.Since the end of the Qing Dynasty,the Western powers have opened the Chinese country with a strong force.The traditional natural economic model has been broken,and the lifestyle of the people has changed.By this influence,the complex social conditions of the frequent change of the regime in the late Qing Dynasty and the period of the Republic of China,the continuous promotion of the legislation and the mutual blending of Chinese and Western cultures were formed.In the society where the new law replaces the old law and the old habits exist for a long time,the divorce system is one of the main contents of the marriage system.With the continuous changes of social economy,politics,and culture,it is constantly advancing in innovation and compromise,and it is constantly reacting.It continues to react to all aspects of society.Starting from the legislation of marriage in the late Qing Dynasty and the Republic of China,this paper analyzes the legislation and practice of divorce system in this period,and analyzes the transformation of divorce system in the process of modernization.This article is divided into the following sections:The introduction part mainly introduces the motivation of divorce system in the late Qing Dynasty and the early Republic of China,and introduces the current research situation in China,as well as the research methods and innovations in this paper.The first part of "the divorce system in the late Qing Dynasty".This part first introduces the legislative provisions of the divorce system in the process of the revision of the Qing dynasty.After the revision of the current Criminal Law of the Qing Dynasty and the draft of the Qing Civil Code,the divorce system started the modernization process.Then,itsummarizes the divorce system in the late Qing Dynasty and reviews its position in the modernization of the divorce system.The second part of "the divorce system of Beiyang government".This part firstly introduces the revision and application of civil legislation during the Beiyang government period.Then,a detailed analysis of the divorce system in the "Democratic Civil Law Draft" reveals the changes in the divorce system during the Beiyang government.Finally,by analyzing the actual cases that occurred during this period,we explored the judicial practice of the divorce system during this period.The third part of "the divorce system during the Nanjing National Government".This part continues the structure of the second part.First of all,it summarizes the changes in civil legislation during the Nanjing National Government.Then,the divorce system in the civil law of the Republic of China is introduced in detail,and the changes and development of the divorce system in this period are analyzed in the legislative.Finally,through the real case,the divorce judicial status at the time is explored.The fourth part of "Reflections on the divorce system during the modernization of China's legal system".After the detailed introduction of the reform of the divorce system in the process of modernization,this part has been summarized and thought.First of all,it compares the divorce system and the traditional divorce system since the late Qing Dynasty,and analyzes the changes in the divorce system during this period.Then,it analyzes the reasons behind these changes and explores the influence and effect of the reform of the divorce system on the modernization of Chinese society.