A Study On Women’s Marriage Lawsuits In The KMT-ruled Area Of Shaanxi In The Late Periodof The Republic Of China (1941-1949)

At the beginning of the Twentieth Century,a series of changes took place in modern Chinese society in terms of political structure,economic development and cultural identity,and the protection of women’s marriage rights from the law was also rising.In 1930,the Government of the Republic of China in Nanjing promulgated the "Civil Law of the People’s Republic of China: Relatives",which established the legislative principles of equality between men and women and freedom of marriage.Both men and women have equal rights in marriage,and women can file a lawsuit to the court through judicial means to fulfill their marriage demands and protect their rights and interests.The deprivation of women’s rights in marriage in traditional society is gradually being amended by modern marriage legislation.However,under the influence of modern Chinese social environment and traditional values,the realization of women’s right to freedom of marriage has been restricted in the process of judicial litigation practice and has resulted in a series of problems and phenomena that are unique to Chinese society.This thesis takes the marriage litigation cases of the Shaanxi High Court as the main research object and examines in detail the reasons for appeal,the plea,the transcripts of court investigations,and the historical information contained in the civil judgments in each case file.Collect statistics on marriage contract litigation,marriage litigation,cohabitation litigation and divorce litigation,analyzing and summarizing women’s marriage concept,marital life status,social status of men and women,and the mastery and use of marriage rights under the influence of multiple factors.Finally,this thesis thinks and reflects on the problems in Shaanxi women’s marriage litigation in the 1940 s.