A Study On The Marriage Contract System During The Nanjing National Government Perio

The marriage engagement system has a long history in our society.From the "Six Rites" of the Zhou Dynasty to the founding of New China,the marriage engagement has changed during the two thousand years,which is particularly obvious in modern China.Since the end of the Qing Dynasty,modern China was forced to open its doors.At the same time,Western ideas began to pour in,which had a serious impact on China’s social structure and traditional values.Of course,the engagement system was no exception.This paper will take the period of Nanjing National Government as the time node,and take the engagement as the research object.Through sorting out and analyzing the legislative text and judicial practice of the engagement in the period of Nanjing National Government,it attempts to explore the true state of the engagement in the law and society in the period of Nanjing National Government.The full text is mainly divided into four parts.The first part mainly expounds the modernization of Chinese traditional engagement.First,it analyzes the Chinese traditional engagement system,mainly from three periods before,after and after the Tang Dynasty.Secondly,from the late Qing Dynasty to the early Republic of China,it analyzes the changes of Chinese traditional marriage legal system from the perspective of legislation and engagement contract at the beginning of the modernization of Chinese traditional marriage.The second part focuses on the real state of the engagement during the Nanjing National Government period,analyzes the legal text from the Civil Law of the Republic of China,and makes a detailed analysis of the legal provisions on the four aspects of the elements of the establishment of the engagement,the legal effect,the reasons for the dissolution of the engagement,and the compensation after the breach of the engagement.And the engagement contract in this period was analyzed in the legal theory,and then the legislation of the engagement system in the Nanjing National Government period was evaluated.The third part focuses on the analysis of the judicial practice during the period of Nanjing National Government,taking the archives collected by local archives as the research object.First of all,it elaborates the two relief methods before the engagement litigation,and then analyzes the engagement litigation situation and the judicial trial situation at that time according to the specific engagement litigation request.Finally,it explores the burden of proof,property and judicial trial of engagement from the judicial archives of various localities.The fourth part is mainly about the reflection and discussion of the engagement during the Nanjing National Government,which is described from two aspects: the appearance and substance of the modernization of the engagement,and the disorder of the judicial trial seen in the engagement cases.As a special contract,the change in the nature of engagement is a profound change in the legal system.The change from "engagement" to "engagement" reflects the transformation of engagement from traditional contract like identity contract to modern contract.Although the engagement system has disappeared in the current legal system,the relevant engagement customs still exist in the current society.Studying the engagement during the Nanjing National Government is not only to reveal the appearance of the engagement in a specific period,but also to look at the way in which legal changes and local resources are integrated and inherited from the perspective of engagement.