别居是国民政府在抗战前十年(1927～1937)构成婚姻关系的三种类型之一,它的产生不仅是社会转型的产物,更体现出转型期间司法部门因应形势作出的努力。国民政府在立法中虽未对别居制度进行具体设计,但在司法实践中却对此类案件作出了审判。虽然其间还有某些不足,总体上却维护了女性权利,不仅为此转型时期中国婚姻关系提供了一种较为合理的存在形式,而且为同居向离婚过渡提供了一种存在方式。 Alienation is one of the three types of marriage that the Kuomintang government formed during the first decade of the Anti-Japanese War (1927-1937). Its emergence was not only a product of social transformation but also reflected the efforts made by the judicial departments in response to the situation during the transition period. Although the National Government did not make any specific design for the system of alienation in the legislation, it tried the cases in judicial practice. Although there are some shortcomings in the meantime, women’s rights are generally protected. This not only provides a more reasonable form of existence for the marriage in China during the transitional period, but also provides a way for the cohabitation to transit to divorce.