Chinese traditional family-based society is the legal basis for political, patriarchal hierarchy and national politics Consistent hierarchy, as represented by the family law civil law is to adjust the traditional soci...Chinese traditional family-based society is the legal basis for political, patriarchal hierarchy and national politics Consistent hierarchy, as represented by the family law civil law is to adjust the traditional social relations, maintaining the main legal norms of social order, Family law as one of the most important traditional Chinese society, the legal system, and the state law regulating social order constitute the dual legal structure. And its fundamental purpose is to maintain social harmony and stability of the feudal rule of order.展开更多
The United Kingdom’s Custody of Infants Act of 1839 is generally regarded as a signature instrument for women to gain guardianship of a child, and widely considered a product of the equal rights movement launched by ...The United Kingdom’s Custody of Infants Act of 1839 is generally regarded as a signature instrument for women to gain guardianship of a child, and widely considered a product of the equal rights movement launched by women in England. It has played an important role in promoting women’s equal rights and breaking patriarchal absolutism. However, there was much compromise in the legal basis for the legislation and the legal provisions, resulting in debates on the legislation that have greatly diluted the revolutionary significance of the Act. Starting with the Marxist argument on bourgeois family legislation, this paper analyzes the legislative and judicial practice of guardianship of minors before and after the promulgation of the Act in the United Kingdom. In view of its impact on the United Nations Convention on the Rights of the Child, this paper attempts to re-evaluate the historical status of this act.展开更多
文摘Chinese traditional family-based society is the legal basis for political, patriarchal hierarchy and national politics Consistent hierarchy, as represented by the family law civil law is to adjust the traditional social relations, maintaining the main legal norms of social order, Family law as one of the most important traditional Chinese society, the legal system, and the state law regulating social order constitute the dual legal structure. And its fundamental purpose is to maintain social harmony and stability of the feudal rule of order.
文摘The United Kingdom’s Custody of Infants Act of 1839 is generally regarded as a signature instrument for women to gain guardianship of a child, and widely considered a product of the equal rights movement launched by women in England. It has played an important role in promoting women’s equal rights and breaking patriarchal absolutism. However, there was much compromise in the legal basis for the legislation and the legal provisions, resulting in debates on the legislation that have greatly diluted the revolutionary significance of the Act. Starting with the Marxist argument on bourgeois family legislation, this paper analyzes the legislative and judicial practice of guardianship of minors before and after the promulgation of the Act in the United Kingdom. In view of its impact on the United Nations Convention on the Rights of the Child, this paper attempts to re-evaluate the historical status of this act.