| Summary: | 碩士 === 東吳大學 === 法律學系 === 98 === A Comparative Study on the Cross-Strait Marital Systems — Focus on the Divorced System
Abstract
The Cross-Strait between Taiwan Area and Mainland Area has been ruled separately for over five decades since 1949. Cross-Strait region was isolated to each other and no interaction existed between governments and people. However, the entanglement and development of the cross-Strait relationship also change with the space-time factor and social transition, and march with time. The government declared martial law ended on July 15, 1987 and opened Taiwan’s people up to visit their relatives in China on Nov. 2, 1987 as well as opening up tourism and investment; opened spouses from mainland area up to take up residence in Taiwan in 1992 and implemented “The Statute Governing the Relations Between the Peoples of the Taiwan Area and the Mainland Area and its Enforcement Rules” on Sep. 18, which established the legal basis of the folk interaction between the peoples of the Taiwan area and the mainland area。
Then after Taiwan area and Mainland area have both joined WTO one after another, the people of both sides have communicated to each other more frequently day by day. However, the political systems of Cross-Strait region are quite different from each other and the relationship between Taiwan area and Mainland area is too compacted to be described by the difference of the legal systems of each other, especially since the link in nuptial league of Cross-Strait region, the problems about marriage have come in flocks. These issues make us the requirement of instant understanding of legal system of Mainland.
This article tends to describe the relative problems about the legal systems of marriage and divorce in Cross-Strait region. First of all, comparing the regulations of conditions of marriage and divorce individually; Second, I introduce the theory and the practices concerning the conflict of law in marriage between Taiwan and China. I also assist with some specific arguments, such as conferring a de facto marriage. In those ways,I expect to find out the possibility to make the laws of marriage and divorce in Cross-Strait region harmony and approach. Then my effort could be the reference for practical application.
Hope to make use of this text and find out the similarities and differences of systems of two sides marriage, and see that thinks and can not see virtuously and change it virtuously together, slightly try the thin strength of cotton best on the way where my superficial view can look forward to modification of the future, make the marriage system of our country more perfect.
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