The Phenomenons and Acceptances of Divorce Instition in Public and Private Spheres of Taiwan： A Study of Court's Divorce Judgement during Japanese Colonial Era

• Main Authors: Yi-TingChen, 陳依婷
• Other Authors: Cheng- Chi Li
• Format: Others
• Language: zh-TW
• Published: 2016
• Online Access: http://ndltd.ncl.edu.tw/handle/t32ak4

碩士 === 國立成功大學 === 台灣文學系 === 104 === This paper attempts to elaborate Taiwanese intension of divorce and process of legal proceeding, especially for women. The use of Court’s Divorce Judgements which were issued during Japanese colonial era identifies two variables that facilitate the development of divorce institution in terms of process of divorce and consequence of cultural change within Taiwanese society, namely evaluation of divorce law and socio-cultural ethos. A series of propositions is suggested in order to discover the underlying motivation and the knowledge of divorce when Taiwanese chose to divorce by legal proceeding. By careful reviewing the various proposals of divorce from both sides of plaintiffs and defendants from decrees absolute, this paper find that the marriage has been effected by marital dissolution and both social and legal changings during Japanese colonial era. It is commonly assumed that legal separation becomes a fundamental movement against traditional customs as the awareness of the law, revolution of marriage trend and acceptance of divorce as well as the degree of legal proceeding. Therefore, it is believed that the intrinsic value of divorce practice is built by not only the concept of divorce but also implementation of divorce litigation.