The Influence Of Marriage Legislation In The Late Qing Dynasty On Marriage Legislation

The modernization of Chinese law began in the late qing dynasty and ended in the period of nanjing national government.Since the late qing dynasty,the modernization of Chinese law has been characterized by the transplantation of foreign laws.To some extent,foreign laws become the representative and embodiment of"modernization".How to maximize the trend of foreign advanced laws,the most reasonable to make the tradition of the country to be inherited,the perfect combination of the two and more suitable for the local conditions,is the task of legal modernization.In the most representative of a country's traditional marriage law field,the task is particularly difficult.The first part of this arduous task also began at the end of qing dynasty.The first chapter briefly introduces the Chinese traditional marriage law.From the principle to the engagement system,marriage norms to the discussion of the divorce system,the qing dynasty as the peak of the development of the feudal legal system,the marriage law has strict provisions,more use of the law of the past dynasties habits.Chapter two compares the draft marriage law of the late qing dynasty as the prelude to modernization.The marriage law draft at the end of qing dynasty played a prelude to the modernization of marriage law.In order to recover the extraterritoriality,the revision of the law was carried out wantonly,taking" the Chinese and foreign passage during the period of service" as the legislative purpose.This purpose also determined that the revision of the draft marriage law should take"accord with the people's conditions","preserve the quintessence of the country" and"adopt new laws in various countries" as the legislative principles.However,the written draft marriage law of the late qing dynasty,though more inclined to retain the national tradition,protects the rights of parents and husbands.But in form or the traditional marriage has carried on the huge transformation.After that,it is the study and analysis of the marriage law draft in the republic of China.The content of the text can best reflect the legislators' attitude towards the advanced law and the traditional law of the country.The previous drafts in the period of the republic of China can be divided into two categories in nature.The first category is the legislative draft in the period of the northern foreign government,which is basically a retrogressive continuation of the draft in the late qing dynasty and belongs to the legislation of conformists.The second category is the legislation during the period of nanjing national government.Because of the change of social situation,some systems have been fundamentally changed and responded to.which tends to be more advanced legislation.Finally,through the comparison of traditional laws,legislation in the late qing dynasty and legislation in the republic of China,the author draws a conclusion about the influence of law revision in the late qing dynasty on legislation.The research of this chapter takes the analysis of the characteristics of the marriage law of nanjing national government as the foothold,and the marriage law,as the effective law at that time,clearly shows the attitude of the legislative authorities and reflects the advanced nature.The fourth chapter is the conclusion of the article,which summarizes the whole thesis.This paper analyzes the reason of the legislator's final choice from two aspects of traditional people's conditions and national conditions.