博采众长：民国时期的比较婚姻法视域

• 영문명: Drawing on the Strengths of All: The Perspective of Comparative Marriage Law in Modern China
• 발행기관: YIXIN 출판사
• 저자명: Zhuo Liu
• 간행물 정보: 『Journal of east Asian law studies』Vol.2 No.3, 1~12쪽, 전체 12쪽
• 주제분류: 사회과학 > 교육학
• 파일형태: PDF
• 발행일자: 2025.09.30

국문 초록

The study of comparative marriage law during the Republic of China period was propelled by the impact of Western institutional thoughts and grounded in the mission of national salvation and survival. It involved extensively drawing on and referencing the marriage and family systems of different countries, traditions, and regions, while continuously reflecting on the path of reform for the domestic marriage and family system. This resulted in the formation of three viewpoints: the theory of total Westernization, the theory of Sinocentrism, and context-adaptive reform theory. Among them, the theory of respecting Chinese tradition and rejecting foreign influences has been heavily criticized by both the theory of total Westernization and the theory of adapting to national conditions, and it has become a minority viewpoint in comparative law studies. The theory of total Westernization and the theory of adapting to national conditions each have their own arguments, and they present a debate between the superiority of Western liberal marriage systems and the theory of limited reform when comparing Chinese and Western marriage and family systems, as well as specific marriage and family norms. However, regardless of the differences in their positions, both are significantly influenced by Western liberalism and individualism. However, regardless of the differences in their positions, both are significantly influenced by Western liberalism and individualism. As a result, the comparative marriage law perspective during the Republican period in China exhibits distinct characteristics of its time, critical analysis, and Westernization. Using history as a mirror, the comparative law in China should transition from being imported to maturing. It should be grounded in its own historical development while looking towards the world and drawing on the strengths of various approaches.

영문 초록

民国时期的比较婚姻法研究以西方制度思潮的冲击为推力，以近代救亡图存的使命为重力，在广泛引鉴不同国家、不同传统与不同地域的婚姻家庭制度的同时，不断反思本国的婚姻家庭制度的革新道路。由此形成了三种观点，即全盘西化论、尊夏绌夷论与参酌国情论。其中尊夏绌夷论深受全盘西化论与参酌国情论之批判，在比较法研究中已处于少数。而全盘西化论与参酌国情论各有所述，并在比较中西婚姻家庭制度观与比较具体婚姻家庭规范上呈现出西方自由婚制优胜论与有限改良论的争辩。不过，无论两者立场存在多大差异，他们都深受西方自由主义、个体主义思潮的影响。因此，民国时期的比较婚姻法视域呈现出鲜明的时代性、批判性与西方化特征。以史为鉴，中国比较法从舶来走向成熟，应在学科的历史发展纵深中，立足本土，面向世界，博采众长。

목차

Ⅰ. 引言

Ⅱ. 民国时期的比较法研究概况

Ⅲ. 自由婚制论VS 有限改良论：比较中西婚姻家庭制度观

Ⅳ. 寰宇透视：比较中西具体婚姻规范

Ⅴ. 结语

参考文献

키워드

Comparative Law Marriage Law The Superiority Theory of Western Free Marriage System Limited Reform Theory Republic of China (1912-1949) 比较法 婚姻法 西方自由婚制优胜论 有限改良论 中华民国