현행 중국 혼인법의 성립과정에 관한 법사적 고찰

Abstract

The formation of social groups based on the human's nature of collective survival results from the nature of sustaining one's tribe through marriage. Therefore the types of marriages and the constitution of a family through a marriage in the individual social group have showed a variety of forms, depending on environmental characteristics such as dominance conditions of living materials for the social groups, natural, political and social conditions, which were recognized as suitable for the individual society by way of the variety of experiences of the respective social group. The personal constitution of chinese societies, passed on for thousands years, has developed on the base of the family groups through marriages. Given in the middle of 18th century the population of China amounted more than one hundred million and currently one billion three hundreds millon, it is not surprising that China is becoming increasingly the concerns worldwidely as well as domesticaly. Therefore China has endeavored the formation of advisable institutions for the chinese realities in the fields of marriage and family institutions. This paper aims at researching the meaning of chinese matrimony law in the sense of modern chinese legal system, through studying the historic developments of chinese matrimony law focusing on forming marriage in the matrimony institutions, its social meaning and the family relation.