In 1950, China's new Communist government enacted a Marriage Law to allow free choice in marriage and easier access to divorce. Prohibiting arranged marriages, concubinage, and bigamy, it was one of the most dramatic efforts ever by a state to change marital and family relationships. In this comprehensive study of the effects of that law, Neil J. Diamant draws on newly opened urban and rural archival sources to offer a detailed analysis of how the law was interpreted and implemented throughout the country. In sharp contrast to previous studies of the Marriage Law, which have argued that it had little effect in rural areas, Diamant argues that the law reshaped marriage and family relationships in significant--but often unintended--ways throughout the Maoist period. His evidence reveals a confused and often conflicted state apparatus, as well as cases of Chinese men and women taking advantage of the law to justify multiple sexual encounters, to marry for beauty, to demand expensive gifts for engagement, and to divorce on multiple occasions. Moreover, he finds, those who were best placed to use the law's more liberal provisions were not well-educated urbanites but rather illiterate peasant women who had never heard of sexual equality; and it was poor men, not women, who were those most betrayed by the peasant-based revolution. This title is part of UC Press's Voices Revived program, which commemorates University of California Press's mission to seek out and cultivate the brightest minds and give them voice, reach, and impact. Drawing on a backlist dating to 1893, Voices Revived makes high-quality, peer-reviewed scholarship accessible once again using print-on-demand technology. This title was originally published in 2000. In 1950, China's new Communist government enacted a Marriage Law to allow free choice in marriage and easier access to divorce. Prohibiting arranged marriages, concubinage, and bigamy, it was one of the most dramatic efforts ever by a state to change mari

This book provides a comparative account of the abolition of concubinage in East Asia, offering a new perspective and revised analysis of the factors leading to – and the debates surrounding – the introduction of a new Marriage Reform Ordinance in Hong Kong in 1971. It uses this law as a platform to examine how the existence of concubinage – long preserved in the name of protecting Chinese traditions and customs — crucially influenced family law reforms, which were in response to a perceived need to create a ‘modern’ marriage system within Hong Kong’s Chinese community after the Second World War. This was, by and large, the result of continued pressure from within Hong Kong and from Britain to bring Hong Kong’s marriage system in line with international marriage treaties. It represented one of the last significant intrusions of colonial law into the private sphere of Hong Kong social life, eliminating Chinese customs which had been previously recognised by the colonial legal system’s family law. This book contextualizes the Hong Kong situation by examining judicial cases interpreting Chinese customs and the Great Qing Code, offering a comprehensive understanding of the Hong Kong situation in relation to the status of concubines in Republican China and other East Asian jurisdictions. It will be of particular interest to teachers and students of law, as well as researchers in gender studies, post-colonialism, sociology and cultural studies.

At the outset of the Nanjing decade (1928-1937), a small group of Chinese legal elites worked to codify the terms that would bring the institutions of marriage and family into the modern world. Their deliberations produced the Republican Civil Code of 1929-1930, the first Chinese law code endowed with the principle of individual rights and gender equality. In the decades that followed, hundreds of thousands of women and men adopted the new marriage laws and brought myriad domestic grievances before the courts. Intolerable Cruelty thoughtfully explores key issues in modern Chinese history, including state-society relations, social transformation, and gender relations in the context of the Republican Chinese experiment with liberal modernity. Investigating both the codification process and the subsequent implementation of the Code, Margaret Kuo deftly challenges arguments that discount Republican law as an elite pursuit that failed to exert much influence beyond modernized urban households. She reconsiders the dominant narratives of the 1930s and 1940s as "dark years" for Chinese women. Instead, she convincingly recasts the history of these years from the perspective of women who actively and successfully engaged the law to improve their lives.

Xiaoping Cong examines the social and cultural significance of Chinese revolutionary legal practice in the construction of marriage and gender relations. Her book is an empirically rich investigation of the ways in which a 1943 legal dispute over an arranged marriage in a Chinese village became a legal, political and cultural exemplar on the national stage. This conceptually groundbreaking study revisits the Chinese Revolution and its impact on women and society by presenting a Chinese experience that cannot and should not be theorized in the framework of Western discourse. Taking a cultural-historical perspective, Cong shows how the Chinese Revolution and its legal practices produced new discourses, neologisms and cultural symbols that contained China's experience in twentieth-century social movements, and how revolutionary practice was sublimated into the concept of 'self-determination', an idea that bridged local experiences with the tendency of the twentieth-century world, and that is a revolutionary legacy for China today.

This title is part of UC Press's Voices Revived program, which commemorates University of California Press’s mission to seek out and cultivate the brightest minds and give them voice, reach, and impact. Drawing on a backlist dating to 1893, Voices Revived makes high-quality, peer-reviewed scholarship accessible once again using print-on-demand technology. This title was originally published in 1987.

The First Chinese Marriage Law was a civil marriage law passed in the People's Republic of China on May 1, 1950. It was transformative because the Marriage Law was a radical change from existing patriarchal Chinese marriage traditions. It was also highly political because it sharply reflected ideologies about class struggle, land reform, Marx and Leninism, which were prevalent in the Chinese Revolution. The New Marriage Law with its revision of family relations did not happen in one night, but through a long process. According to Neil Jeffrey Diamant, in 1931, "Marriage Regulations" was promulgated in the party's embattled "soviet" in the rural province of Jiangxi, provided Article 1 a totalistic condemnation of the "feudal" Chinese family; The 1934 Marriage Law was employed as a means to mobilize women to support the revolutionary cause. The basic idea of abolishing the "feudal" family system still remained unchanged. It was not until 1949 when the CCP (Chinese Communist Part) took control of the state that they started to implement the new vision of family structure and relationships. The 1950 New Marriage Law was a revised version of the Marriage Law that had been used in Jiangxi Soviet and the northern borders.[1] This new law continued calling for the "abolishment" of the feudal marriages, and for the first time promoted the idea of monogamy, love, free choice, the willingness of two parties, and equal rights for both sexes. The formulation and implementation of Chinese Marriage are the two complicated questions that I want to dig into more. I wonder how the New Marriage Law was influenced by the May Fourth Movement and the Chinese Nationalist Party, the Soviet Union, and Chinese revolutionary legacy. In this project, I hope to figure out what the New Marriage Law is, find out each strategy for each question, and figure out the 1950 New Marriage Law's position and significance in Chinese history.