"Ritual Law" And "Jurisprudence": A Probe Into The Trial Of Marriage Cases In The Period Of The Beiyang Government

The period of beiyang government was a special transitional period in the history of Chinese legal system.The introduction of Western laws and institutions has transformed the traditional society gradually,and the traditional legal system has also entered the stage of comprehensive transformation as a superstructure.This paper takes the typical case of marriage in the Dali Court as the basic material in this period,and shows the changes of the marriage system in the specific transition period by case analysis,and observes the context of legal modernization and social evolution in the early republic of China,and grasps the basic laws of Chinese legal modernization.At the same time,it grasps the interaction between judicial practice and legal system transformation,revealing the role of judicial practice in legal transformation,and draw lessons from it for today's social legal transformation.The paper has five section:The first section states the theoretical background of the trial of matrimonial case under the beiyang government.This paper expounds the transformation of Chinese society and legal concept to modern times,as well as the transformation of the concept of marriage and the emergence of the concepts of rights and feminism;The second section is the marriage legal system from the late Qing Dynasty to the Beiyang government.It is mainly to sort out analyze and evaluate the marriage law during the period from the late Qing Dynasty to the Beiyang government,so as to grasp the changes of the marriage legal system from the late Qing Dynasty to the Beiyang government;The third section,embarks from the marble related cases of the Dali Court,explores the actual situation of the marriage trial in the period of Beiyang government,tries to restore the true face of the trial of the marriage case of the Dali Court during the period of Beiyang government,and presents the changing facts of the marriage legal system in this period.And summed up the characteristics of the trial of marriage cases under the Beiyang government;The fourth section discusses the practical significance of the research on this topic and the response to some questions worthy of reflection on the transformation of China's legal system;The fifth section is the conclusion.This paper summarizes how Dali Court promoted the modernization of marriage law through judicial practice during the period of beiyang government,carried out the localization transformation of legal transplant in judicial practice,and its reference significance for the contemporary legal transformation.