Research On The Marital Property System In The Period Of Nanjing National Government

The National Code of the Republic of China is the first civil code formally promulgated and implemented in the history of our country.It is also an important achievement of the legal transplantation of the Nanjing National Government.The matrimonial property system in its relatives' edition is an important legislation made by studying the advanced experience of the European and Continental Law System and combining the national conditions of our country.The Nanjing National Government attaches great importance to the legislation of relatives compilation in civil law.During this period,two drafts of relatives compilation were drafted,but the value orientation was quite different.The main purpose of this paper is to objectively evaluate the nature and status of the Relative Law of the Republic of China through the study of its legislative background,specific system and judicial practice,to explore the pros and cons of the modernization of the Relative Law in China,and to provide reference for the further improvement of the current marital property system in China.This paper is divided into five chapters.The main contents are as follows: The first chapter is the introduction,which clarifies the reason and significance of the topic,combs the academic history,and summarizes the relevant research results of the scholars in the Republic of China and contemporary times.Chapter two is an overview of the legislative context of kinship law from the late Qing Dynasty to the Republic of China,and an analysis of the evolution and development of marital property system.Chapter three is the analysis of the legal text of the property system of husband and wife in the National Law of the Republic of China,Relatives,and compares the similarities and differences between them with reference to the European Civil Code.Chapter IV is an analysis of the cases of the application of marital property system in the period of Nanjing National Government,and explores the protection of women's property status at that time from the judicial practice.The fifth chapter summarizes the characteristics of marital property system during the period of Nanjing National Government,and explores the reasons for such characteristics,excavates the way for legislators to solve the conflicts between western law and Chinese traditional law,and accordingly puts forward suggestions for the development of contemporary marital property system.