Modernization Research on the Marriage Law during the Republic of China Period

Author: Wang Xinyu
Publisher:
Publish Date: 2006-09-01
Features: Since the late Qing Dynasty, the modernization of Chinese law has been characterized by the transplantation of foreign law, with foreign legal systems becoming, to some extent, tools for the authorities to save the nation and strengthen it. However, marriage law drafts since the late Qing Dynasty have tended to uphold tradition, using the form of foreign law while discarding its essence. The complex mindset of "progressiveness," "compromise," and "conservatism" in the marriage legislation of the Republican era, along with the ambiguous judicial practices, confirm that marriage freedom, marital equality, and monogamy were merely superficial appearances rather than substantive progress. This superficial evolution was further catalyzed by women's movements. This book attempts to provide a comprehensive, multi-dimensional, and three-dimensional layout to reveal the modernization of marriage law during the Republican era from multiple levels and perspectives. The book is divided into five chapters, including: Prelude to the Modernization of Chinese Marriage Law, The Duality of Republican Marriage Legislation, Marriage Jurisprudence During the Beiyang Government Period, and Marriage Jurisprudence During the Nanjing Nationalist Government Period.