| Although marriage is a commonly world phenomenon, it means differently from nation to nation. Based on the traditional Chinese farming culture and its legal convention, Chinese marriage shows a strong family-centered feature on which traditional Chinese divorcing laws aim also to the sustaining of male privileges. In this recent century, Chinese divorcing laws are gradually modernized and westernized. Through the study of the changing process and its practical effects, this paper intends to find out the various factors and their corresponding functions on the modernization of Chinese divorcing laws and accordingly explore the ways to legal modernization in a non-western country, China.This paper includes four parts. The first part generally expounds the changing tracks of neoteric and modern Chinese divorcing laws. In a succession to this part, the second part examines transformationally changing value of neoteric and modern Chinese divorcing laws and discloses the leading position of western values in the establishment of recent Chinese divorcing laws and their compromise to associated traditional laws. The next parts analyze the westernized and tradition-following trend and their respective reasons in the practice of the above mentioned recent divorcing laws and then exhibit the different influences of formal and informal divorcing law systems on the practice of divorcing laws in western-value-centered countries. As a continuation for the former parts, the fifth part analyzes the basic relationships between laws and culture, modern laws and traditional Chinese legal culture in their total modernization. Consequently, here shows the inspiration of the establishment and practice of neoteric Chinese divorcing laws to the contemporary Chinese legal modernization.The paper involves the following researching methods: historic analysis, value analysis, sociological analysis and demonstrative analysis. The strongpoint of historic analysis lies in that we can use it to join together separate important points of a comparatively period of time, examine them as a whole and disclose the developing direction of the subjects in the period. Whereas, value analysis surpasses specific legal systems and directly grasp the essence of laws in a simple but not detailed way. Sociological analysis provides an easy way to display the correlation between laws and social phenomena while demonstrative analysis is usually used in quantity analysis and it is the inevitable part for the preciseness of theory research.Conclusion: To a large degree, it is an unsuccessful way for China to reject its traditional divorcing laws and give way to western counterparts in the modernization of divorcing laws since neoteric times. That's because different nations' legal culture have their own unique cultural examples, and thus unique legal traditions are necessarily formed. So, we will definitely receive failure if we completely rejected our native legal traditions but implanted foreign ones without considering the close connection between individual cultures and laws. Therefore, only if China keeps true to native national cultures and legal traditions, national self-determination and awareness, can it widely take in foreign legal supplements available, and thus can it be in the hope of realization of China-featured legal modernization.
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