Research on the Modernization of the Marriage Law during the National 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 to a great extent, with foreign law becoming, to some extent, a tool for the authorities to save the nation and strengthen it. However, all marriage law drafts since the late Qing Dynasty have leaned toward maintaining 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 Republic of China, along with the hypocritical judicial practices, confirm that marriage freedom, marital equality, and monogamy during that period were merely superficial rather than substantive advancements. This superficial progress was further catalyzed by the women's movement.