The comparative law study on the gender structure of the family law in China

2016 Fiscal Year Final Research Report

• Project/Area Number: 26780001
• Research Category: Grant-in-Aid for Young Scientists (B)
• Allocation Type: Multi-year Fund
• Research Field: Fundamental law
• Research Institution: Hokkaido University
• Principal Investigator: Li Yanshu 北海道大学, 法学研究科, 講師 (90635129)
• Project Period (FY): 2014-04-01 – 2017-03-31
• Keywords: 家族法 / 婚姻法 / ジェンダー / 比較法 / 中国法

Outline of Final Research Achievements

This study focuses on the Marriage Act enacted in China in order to liberate women who had been suppressed under the traditional patriarchy system. This study examined the background of the enactment of the Marriage Act, its amendment process, and the interpretation of this act through a gender perspective. In the result, this study clarified that the Marriage Act in China had the following two legal characteristics, i.e. the act has the legal characteristics as jus civile to regulate the private rights of the equal legal subjects seen in the western modern laws, and as a tool for Chinese Communist Party in order to “legitimately” promote its family control policies. Through a comparison of Taiwanese and Korean relevant legal system, this study also showed the family conception and value in this act, which put emphasis on family communities above individuals.

Free Research Field

社会科学