Dissertation/ Thesis
A Comparative Study upon the Legal Regime of Marriage and Parent-Child Relationship between Taiwan and Mainland China
| العنوان: | A Comparative Study upon the Legal Regime of Marriage and Parent-Child Relationship between Taiwan and Mainland China |
|---|---|
| Alternate Title: | 兩岸婚姻與親子關係法律制度比較研究 |
| المؤلفون: | CHEN, LI-LING, 陳麗鈴 |
| Thesis Advisors: | Lih-Torng Chen, 陳荔彤 |
| سنة النشر: | 2018 |
| المجموعة: | National Digital Library of Theses and Dissertations in Taiwan |
| الوصف: | 106 After the partition between the two sides of the strait in 1949, the legal system was not related to their own development. In 1987, the government opened a family visit, the civil relations have gradually developed and become increasingly close. Because of the people's descent, languages, and cultures between the two sides of the Taiwan Strait, no matter the number of intermarriage or the number of students studying, working or setting up in the opposite bank. It is important to compare and study the legal system of marriage and family between Taiwan and Mainland China. The Family Law of the Civil Code of the Republic of China was promulgated in 1930. After 17 revisions, from the traditional Zong Yao inheritance, familism is the core and the spirit of male superiority in family roles, to respect human rights, equality between men and women, and the best interests of the children. Although legal system of the Republic of China is mature, there are still areas that need to be corrected. Such as the problem of alimony after divorce, the flaw determination of divorce flaw and the transfer of the center of gravity of the flaw, Marriage and divorce are registered and have publicity，Witness system should be deleted, And the substantive examination authority of the households and so on. The Chinese Marriage Law has undergone two major revisions in 1980 and 2001, although there have been major developments. However, compared with the complex and diverse social reality requirements under rapid economic development, the marriage and family legislation is still too brief and some systems have not yet been established or completely. Although China has abolished the one-child policy, the regulations on late marriage and childbearing have been inconsistent with the needs of the international community for future competition and should be revised. There are also lack of effective regulations on the governance of illegal activities. This article proposes a review of The Family Law of the Republic of China, Chinese marriage law, the adoption regulations, and provides future reference. In addition, the current political division between Taiwan and Mainland China. handling the concerning legal matters in Taiwan must be based on the Act Governing Relations between the People of the Taiwan Area and the Mainland Area, while it must be based on the Law of the People's Republic of China on Choice of Law for Foreign-related Civil Relationships in mainland. The concept for the conflict of laws is different too. This article uses case studies to analyze the legal effects of cross-strait affairs in Taiwan to illustrate the provisions concerning the legal system of marriage and family in cross-strait affairs. |
| Original Identifier: | 106NTOU5273012 |
| نوع الوثيقة: | 學位論文 ; thesis |
| وصف الملف: | 109 |
| الاتاحة: | http://ndltd.ncl.edu.tw/handle/mn6can |
| رقم الانضمام: | edsndl.TW.106NTOU5273012 |
| قاعدة البيانات: | Networked Digital Library of Theses & Dissertations |
| الوصف غير متاح. |