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Family Law and the New Society; Tao Xisheng's research on family law from the perspective of social history
Family law, with family and the social ties within the family structure at its center, has played a crucial role in China's transition from traditional society to modern society, as is shown in the controversy over "li" and "fa" in the late Qing dynasty as well as the current disputes over the marriage law. Tao Xisheng, a renowned sociologist in the early years of the Republic of China, noticed the special role of family law and structured his own thoughts in the light of modern social sciences while taking the traditional thoughts into consideration. Inspired by the reformation of the late Qing Dynasty and Yan Fu's social studies, Tao proposed that the breakthrough in the transformation of society was to be found in family law. Tao tried to build a new system of family law based on the right to life and break free of the traditional family law arrangement, with a view to making the family a place where independent personalities are fostered and new citizens are brought up to be the pillars of a constitutional state.
|关键词：||家庭 亲属法 社会史 生存权 契约精神|