On The Family In The Constitution Of Modern China (1908-1954)

Family is always an important social organization,it has been in a core position in traditional Chinese society.It is not only a basic unit of social organization but also has the independent subject status in the law.Traditional Chinese society treats the state as an extension of the family.The ‘rite',an ethical norm,is extended to national governance to form the political pattern of the isomorphism between the state and the family.Under the influence of western culture,the legal system of modern China has undergone important changes.How to deal with the family as the fundamental law of the constitution also reflects the overall value orientation of the society to this issue to some extent.The modern constitution did not deal with "family" too much or put "family" in a negative position,which was closely related to the ideological changes of the society at that time.The introduction of western individualism thought inspired personal ideas.They think the traditional family system,family ethics,restricting the personal freedom and development.The west is more stronger for its liberation of humanity.So they treat individualism as a banner in emancipating the mind and criticizing of traditional family.They put the two on the opposite sides completely to advocate personal freedom and equality,and treat the individual as an independent subject.So we can't see the family in the constitution.In addition,with the introduction of marxism,the early communists formed the revolutionary legal system view based on the national conditions.The communists who were guided by the revolutionary legal system view.On the one hand,they think should push to the three mountains to destroy the old morality and ethics,and on the other hand,they hope to re-construct the new law that conforms to the interests of the general public and serves the revolutionary task.Therefore,the early communists proposed to liberate women and the freedom of marriage,adopted a negative attitude towards the family.They hoped to establish new laws and social order while breaking up the old state machinery.In general,under the influence of individualism,modern China adopted a negative attitude towards the traditional family.Opposing the family and the individual,while the revolutionary legal concept consolidated and deepened such value orientation,which resulted in the disappearance of the family in the constitution.But observe the individualistic culture of the United States constitution,the constitution of the United States initially didn't say anything about the family.But after the 20 th century,with the emergence of more and more new family problems,the constitution of the United States also case intervention in the form of family problems.This suggests that the individualism culture is not completely reject family problems.By comparing the attitudes of Chinese law and western law towards family issues,this paper analyzes the reasons for the disappearance of family in modern Chinese constitution from the perspectives of individualism and revolutionary legal system.In the current environment,it is necessary to clarify the relationship between individual value,freedom and family.From China's reality,the current constitution should give some new responses to family problems.