Marriage, Law, and Revolution: Divorce Law Practice in the Shaan-Gan-Ning Border Region
Based on the judicial archives of the Shaan-Gan-Ning Border Region, this article examines the Border Region’s divorce law practice in the context of the Chinese Communist revolution. Despite the retreat of the Chinese Communist Party (CCP) from its radical approach to divorce during the Yan’an period, women were encouraged by various revolution-introduced changes to exercise the right to divorce, and their failure or success in divorce litigation was closely associated with their respective positions or statuses as defined in connection with the revolution. On the other side, male peasants, the major social force of the revolution, experienced a downward movement in the marriage market, and their encounter with gongjiarenin divorce litigation revealed the gap between the ideal of marriage as anticipated by lawmakers and the marriage market in reality. To a large extent, this tension contributed to the development of a mediation-focused judicial system, which would deeply influence the civil justice system of the People’s Republic of China.
Please check the attachment .
Attachments