Modernization of the Marriage Law

Author: [Japan] Kurihashi
Publisher:
Publish Date: 2003-05-01
Features: The Republican era was a foundational period for modern Chinese law. During this time, not only were numerous significant monographs published, such as Wang Shi-jie and Qian Duan-sheng's Comparative Constitution, Hu Chang-qing's General Principles of Chinese Civil Law, Huang You-chang's Roman Law and Modernity, Yang Hong-lie's History of the Development of Chinese Law, Cheng Shu-de's Laws of the Nine Dynasties, and Qu Tong-zu's Chinese Law and Chinese Society, but also approximately over four hundred foreign legal translations were introduced, such as Komeiji Tatsukichi's Evolution of Law and Montesquieu's History of the Development of Continental Law. These works are an essential part of China's modern legal heritage. Unfortunately, due to their age, these translations have gradually become scarce. Even the small number that remain are often fragile and brittle due to poor printing quality and substandard paper, making them difficult to access. Additionally, these works are typically kept as library collections, preserved only in a few major libraries across the country, and are often inaccessible to the general public for borrowing. In light of this situation, the China University of Political Science and Law has demonstrated foresight and a commitment to scholarship by planning and deciding to organize, select, and re-typeset these Republican-era translations under the series Chinese Modern Legal Translations. This initiative aims to preserve the legal heritage of the Republican era and meet the academic and research needs of scholars and students in law schools. This series primarily focuses on organizing, re-typesetting, and proofreading classic foreign legal works translated and published by Chinese scholars during the Republican era (with a small inclusion of late Qing-era works). This book provides a detailed examination of marriage-related content, ranging from Roman family law and medieval European legal systems to modern Japanese civil law. The emphasis is on the modern continental legal systems' rejection of customary law, Roman law, and ecclesiastical law. In describing this process, the author extensively employs comparative and contrastive methods, employing concise and clear language with thorough and sufficient documentation to comprehensively reflect the specific regulations on marriage, family, and marital relationships in modern Europe, Japan, and other countries.