Shi Liang and New China's first marriage law

History

As a well -known female lawyer in the legal industry during the Republic of China, Shi Liang has long been committed to women's liberation cause for a long time, and continues to run for women's rights and interests. After being appointed as the first Minister of Justice in New China, Shi Liang immediately started to promote the awarding of the New Marriage Law and gave a gift to women in New China. In order to truly protect women's rights and interests and the concept of equality of men and women, and completely transform the old family relationships, Shi Liang also carried out the implementation of law enforcement and law enforcement supervision to ensure the implementation of the new marriage law. The New Marriage Law is the first civil law with the nature of basic law after the founding of New China. Shi Liang's efforts and attempts made by this provide many historical experience for the extensive development of various judicial work in the future.

From female lawyer to female minister

In 1900, Shi Liang was born in an intellectual family in Changzhou, Jiangsu. Affected by his father, Shi Liang has been keen to learn new knowledge since he was a child, and "has been rich in resistance since childhood." Not only did she dare to resist her mother -in -law's consent, but also became one of the leaders of the Changzhou student movement during the May 4th Movement.

After the May 4th Movement, how to transform the society and save the country has become a problem that young people are keen to explore, and directly affect the career choices of a generation. In 1922, after graduating from Changzhou Women's Normal University, Shi Liang chose to study laws in Shanghai Law and France University, and was determined to become a "lawyer who did not sell souls".

Why make such a choice? Shi Liang believes that learning politics is more empty. Women's participation in politics at that time was also far away in China, while learning laws were more specific, and people could not do without the law, so they could make a difference in this regard. Moreover, Shi Liang also knows the pain of being oppressed in the old society without power, no power, and no money. He believes that "he can also help them with the profession of lawyers in the future and stretch them for poor and helpless people. Justice, guarantee human rights. " At the same time, in the environment where people's concepts of rule of law were generally faint at that time, Shi Liang had a relatively mature view of the value and essence of law on law. "Although the law is despised by the average person, it is believed that it is the bourgeoisie, and it is the amulet of the privilege class. , But at present, we still need it. We are still a country that needs the law ... The law is not a strange thing, but it is the principle that the public complies with the principle of unwillingness to be human. " The lofty and pragmatic goal, the independent thinking of the law itself laid the ideological foundation for Shi Liang's great achievements in the legal industry.

In 1927, Shi Liang was engaged in the women's liberation campaign in Zhenjiang, Jiangsu after graduating from the law school. He then went to Shanghai in 1931 to become a practice lawyer in 1931. In the past 20 years, Shi Liang has been committed to "through complicated provisions, using contradictions, finding opportunities, and complaining to the people who suffer from suffering." For this reason, she rescued many arrests by using the lawyer's identity regardless of her personal safety. Revolutionary and patriots, such as left -wing writers Ai Wu and He Long's relatives He Qianchen, He Xueyu, etc.

In addition, during the work of lawyers, Shi Liang also actively organized the women's movement to contribute to the anti -Japanese country to save the country. After the North China Incident in 1935, Shi Liang united the women's cultural groups such as the Chinese Women's Federation, Women's Life Society, Women's Culture Association, and the well -known patriots in the women's world of women in Shanghai. Yes, call for women to "take major responsibilities as men and fight for national survival." By 1936, the Shanghai Women's National Salvation Federation had grown to more than 1,000 people, and became the constituent institution of the National Salvation Federation of all walks of life. Shi Liang was elected as the executive member of the rescue of Congress.

At the end of 1936, he called on the people of the country to fight against Japan. Six other democratic people such as Shi Liang, Zou Tao Fen, and Li Gongpu were arrested and imprisoned. As the only woman in the seventh gentleman of the Congress, Shi Liang's progress became a role model for many women at that time, which had a positive impact on encouraging women to get out of the house and participating in the anti -Japanese. After being released from prison, Shi Liang continued to use his legal professional knowledge and social influence to rescue progressive people. In 1945, Shi Liang was elected as a central member of the China Democratic Alliance and gradually grew into the leaders and pioneers of the women's movement.

After the founding of the People's Republic of China, Shi Liang was appointed as the first minister of the Ministry of Justice. As one of the few female ministers, Shi Liang continued to work hard for people's justice and women's liberation cause in new posts with strong professionalism.

Participate in the formulation of marriage law

After the founding of the People's Republic of China, Shi Liang still found that the rights and interests of women still have not been guaranteed in many places through investigation, and it is extremely uncomfortable with the changes in Vientiane update of New China. Shi Liang believes that "if the majority of women can't get liberation, the entire nation will not be liberated." Therefore, it is determined to change this situation through legislation.

In the process of brewing, discussing, and drafting the new marriage law, Shi Liang put forward many important opinions, especially for whether to adopt the regulations of the freedom of divorce. During the Soviet Union and the Yan'an period, the regime under the leadership of the Communist Party of China has promulgated marriage legal documents such as the "Regulations on Marriage Regulations of the Chinese Soviet Republic", "Marriage Law of the Chinese Soviet Republic", and "Sichuan -Shaanxi Province Women's struggle". Although these legal documents are promulgated In terms of achieving women's liberation and improving their enthusiasm for participation in revolution and social construction, it has caused promotion, but it has also triggered issues such as men's opposition and too high divorce rates. Therefore, in the legislative discussion of the marriage law after the founding of the People's Republic of China, there are large differences in everyone for whether divorce and how to regulate divorce. Based on the national conditions of China at that time, the problems encountered in the lawsuit of marriage issues over the years, and the experience of the women's liberation movement, "women should enjoy the right to ask for divorce alone." This provision seems to give women privileges on the surface. In fact, it is not because of the establishment of New China, but the remaining feudal thoughts for thousands of years have been deeply ingrained in many people's hearts, especially in the vast number of rural areas. The forces still exist invisibly, "the horse bought by the daughter -in -law, I ride me and let me fight" and other situations are not uncommon. Shi Liang's adherence to this opinion is the deep understanding of the fate of women and compatriots in suffering. Practice has proved that this regulation has effectively solved the problem of many women's divorce, and also provided the rule of law for women's wholeheartedly into socialist construction after the founding of New China.

Carry out the popularization of marriage law

On May 1, 1950, the Marriage Law of the People's Republic of China was officially implemented. Shi Liang knows the deep impact of traditional marriage concepts, so it has adopted a variety of ways to strengthen the popularity of the law.

First, use media to popularize legal content. In April 1950, the "Guangming Daily" published the article "Minister Shi Liang Talking about Marriage Law". In the article, Shi Liang pointed out that the New Chinese government attaches great importance to marriage issues. The promulgation of the new marriage law is to actively help women, protect children, destroy feudal remnants, and lay the foundation for the development of socialist construction. Shi Liang also introduced and commented on the full text of the New Marriage Law, and conducted a more comprehensive publicity of law popularization. At the same time, under the appeal of Shi Liang, mainstream media such as "People's Daily" also carried out long -term rule of law propaganda, creating a good public opinion environment for the popularization of the law.

Secondly, use literature and art to carry out publicity. In order to better carry out the propaganda work of the new marriage law, the relevant departments such as Shiliang and Cultural Propaganda have promoted the popularization and popularization of the new marriage law. In 1953, in order to cooperate with the propaganda activities of the new marriage law at the time, the screenwriter Jiang Xiulin wrote the drama "Hole". The play tells a little bucket craftsman to fall in love with the girl in the neighboring village, and breaks through the obstruction of the woman's parents with his cleverness and wit. The story of resistance to buying and selling marriages, pursuing freedom of marriage has carried out a vivid popularity on the New Marriage Law.

Third, carry out various learning and education. After the new Marriage Law was promulgated, Shi Liang contacted the Ministry of Justice and contacted the National Youth Federation, Women's Federation, Xue Federation, Federation of Trade Unions and other relevant departments. It was hoped that relevant departments would take the initiative to facing different groups and extensively carry out study and education of the rule of law. On May 14, 1950, Deng Yingchao, then vice chairman of the National Women's Federation, published the "Report on the Marriage Law of the People's Republic of China" at the National Women's Federation's expansion of the cadre meeting. Knowledge has carried out a special legal study and education for the masses of cadres.

Do a good job in law enforcement supervision of marriage law

After the first marriage law of New China was promulgated, Shi Liang pointed out that "the law is not based on the law, no matter how good the legal law is, it is just a papers. To make the marriage truly freedom, the legal, personality, and status of men and women are equal. It must be strictly in accordance with the legal provisions, and the punishment that should be violated in violation of the law must be given. " To this end, she adopted a variety of measures to ensure that the new marriage law was implemented in place.

First of all, the joint implementation of the new law is jointly implemented. In order to implement the New Marriage Law, Shi Liang asked the Ministry of Justice to cooperate with the Supreme People's Court, the National Women's Federation and other departments to ensure that the basic rights and interests of women in marriage disputes in the marriage dispute can be guaranteed to strengthen the implementation of the new marriage law. On the one hand, Shi Liang and the old comrades -in -arms of the Congress and the first President of the Supreme People's Court of the Supreme People's Court after the founding of the New China discussed, and issued a joint notice in the name of the Ministry of Justice and the Supreme People's Court, requiring that "people's courts at all levels should use themselves as local locations in the future as the local area. In order to implement the marriage law, support women's backbone forces against feudal restraint and the struggle for justice, "and required courts at all levels to deal with the marriage cases in a timely and correct manner, and actively for the masses through patrol trials, regular visiting parties to the marriage cases, and other methods. Handle marriage. On the other hand, Shi Liang contacted the National Women's Federation and told Deng Yingchao, "Some young women now ask for marriage, and some widows ask to marry again. They are still interfered and persecuted. It is the woman's family of women. The cadre of the women's federation must support the women, and we must scream loudly and support them to fight with the feudal forces. " Deng Yingchao has always been actively engaged in women's liberation cause and participated in the drafting of the new marriage law. Therefore, it supports Shi Liang's approach.

Secondly, enhance the concept of the rule of law at all levels. In order to continue to implement the New Marriage Law, on October 13, 1951, the "People's Daily" published the article "Careful Implementation of the Marriage Law" written by Shi Liang. The article pointed out that the new marriage law has a problem of poor implementation in many places. An important reason is that judicial cadres at all levels have not seriously studied the new marriage law, and their spiritual spirit of new policies is not enough. Especially whether the man can interfere with the woman's remarriage after the child care and the divorce, The lack of accurate grasp of the issues, so Shi Liang asked judicial institutions at all levels to organize all cadres to study the new marriage law carefully, and deeply understand the political significance of the new marriage law and the backbone role of the people's court staff in implementing the new marriage law. At the same time, Shi Liang also asked judicial cadres at all levels to cooperate with the government, public security, and women's federation departments under the unified government leadership. Third, carry out special law enforcement inspections. In order to urge judicial institutions at all levels to conscientiously implement the new marriage law and understand the existing problems, in October 1951, the Ministry of Justice, the Supreme People's Court, the Supreme People's Procuratorate, the People's Supervisory Committee, the Ministry of Public Security, Xinhua News Agency and other 16 government departments and the Xinhua News Agency and Xinhua News Agency The news agency formed the "Central Inspection Team of the Marriage Law", and Shi Liang served as the chief team leader. After the inspection, Shi Liang published the "Implementation of the Marriage Law Central Inspection Team Inspection Report", pointing out that the implementation of the new marriage law in various places is very unbalanced. Among them, it is a minority in the country where it is better. Essence To this end, in July 1952, the Central People's Government issued documents such as the "Instructions on Implementing the Marriage Law", and then organized activities such as implementing the marriage of the marriage law to ensure the problems of rectification in various places and cut off the new marriage law.

Finally, improve the judicial interpretation documents. In order to solve the problems existing in the implementation of the new marriage law, from 1950 to 1959, the Ministry of Justice successively promulgated a series of interpretation documents. For example, the "Approval of the Ministry of Justice on the Principles of" Employment "or" Wedding "issued by the Ministry of Justice on June 22, 1951. The document states that" the employment or wedding paid before the (new) marriage law is implemented, should Request returning? The court should be determined according to the specific situation. Generally speaking, it is advisable to refund it. "However, due to the problems of hiring, weddings, etc., the document also indicates that the localities can be processed as appropriate according to the actual situation, and it is hoped that the judicial organs of various places will be hoped that the local government agencies can Flexible grasp of the spirit of the new marriage law. These interpretation documents not only solve some specific operating problems encountered in the implementation of the new marriage law, but also improve and supplement the New China marriage legal system.

Enlightenment

Shi Liang's active participation in the new marriage law is a major legislative measure for the New China reform and marriage and family system. It has laid the foundation for the initial establishment of the contemporary Chinese marriage and rule of law. There is still reference value.

The first is to legislate in time according to social needs. Shi Liang actively promoted the formulation of the first marriage law after the founding of the People's Republic of China. One of the important reasons is to guide the law to adapt to the actual situation of the society after the founding of the People's Republic of China and make the law an important force to promote social progress. New things and new situations in society today are endless. Learning history is promptly carried out legislative work according to actual needs. It is not only important for improving the legal system and judicial administrative work itself, but also as significant to promoting social development.

The second is to strengthen the work of law popularization. At the beginning of the founding of the People's Republic of China, the general public's concept of rule of law was not strong. Therefore, in order to promote the implementation of the new marriage law, Shi Liang adopted a variety of means to promote the content and spirit of the new law among the cadres and the masses. At present, after the formulation of many legal documents in my country, due to the lack of sufficient publicity publicity, the general public has caused the general public that the new law does not understand, does not understand, and does not use it, which has affected the performance of legal and social benefits. Therefore It can be known in the publicity work of Pu Ping that it is very important to use various media to actively organize relevant units to carry out special learning.

The third is to strengthen law enforcement supervision. In the process of implementing the first marriage law in New China, in order to prevent the law from becoming a paper, Shi Liang also adopted a variety of measures to ensure that the new law enforcement was in place. The development of today's society is changing with each passing day. In the process of law enforcement, it is inevitable to encounter various difficult problems and resistance. Drawing on many historical experience and strengthening the experience of enforcement. The current judicial workers can jointly carry out law enforcement supervision, improve the literacy of law enforcement teams, improve the interpretation of the law. Documents and other important attempts to strengthen law enforcement supervision and improve the efficiency of judicial administration.

(Xu Jiajia, author unit: Jiangxi Provincial Academy of Social Sciences)

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