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通过对中国自古以来赘婿问题之立法考察,充分关注赘婿权利的演变历程。尤其是近代赘婿权利的逐步扩大。晚清至民国时期赘婿权利立法层面上,赘婿权利逐步借鉴欧陆私法的先进理念,扩大赘婿的权利。司法层面上,清末各级审判厅、民初大理院、南京国民政府时期最高法院在司法实践中维持与立法的平衡,在进与退之间艰难的抉择。但晚清民国时期赘婿权利的总趋势逐步扩大。
Through the legislative investigation on the question of China’s in-law since ancient times, I pay full attention to the evolution of the rights of in-law. In particular, the rights of modern mistresses gradually expanded. From the late Qing Dynasty to the Republic of China on the rights of the mistress at the legislative level, the right of mistress-in-law gradually borrowed from the advanced concepts of the European private law and expanded the rights of the sons-in-law. Judicial level, the courtrooms at all levels in the late Qing Dynasty, the Daliyuan in early Republic of China, the Supreme Court in Nanjing during the National Government maintained the balance with the legislation in judicial practice, and made difficult choices between entering and retreating. However, the general tendency of the rights of mistreatment in the late Qing Dynasty and the Republic of China gradually expanded.