略论南京国民政府亲属法对传统婚姻制度的改造

On the Influence of the Family Law Which was Established by Nanjing Public Government

南京国民政府时期制定的亲属法可以说是清政府灭亡后革命多年的成果。特定的历史环境,决定了这项法律在继承了西方法律的进步理念的同时,又不可避免的遵循了中国封建传统中的部分规则。本文从婚约、结婚、婚姻的普遍效力、夫妻财产制和离婚五方面全面探讨南京国民政府亲属法对传统婚姻制度的改造。

The Family Law which was established by Nanjing Public Government can be take as a significant fruit of Xinhai revolution struggle after the Qing Dynasty. Given the specifical historical circumstances, The Family Law inevitably kept parts of principals related to China's feudal traditions, while it also succeeded progressive ideas of Western law culture. In this paper, the author will discuss entirely about the efforts to change the traditional marriage institute which exerted by the Nanjing Repulic Government.