童养媳既是买卖婚姻的一种,同时也是封建包办婚姻的形式。近代以来,基于妇女解放的理念,北洋政府、南京国民政府相继不同程度地在司法层面对其作出了不同的解读。在执法层面上两者虽然有一定的差别,但也有共趋性特征,即执法部门在情与法的选择上,往往倾向于情,这就决定了在判决有关童养媳案件时具有偏轻的倾向,仅凭借法律的约束,很难达到预想的效果。 Tong Yang daughter-in-law is not only a kind of marriage, but also the form of organized feudal marriage. Since the modern times, based on the idea of ​​women’s liberation, the Beiyang government and the Nanjing National Government have made different interpretations on the judicial level to varying degrees. Although there is a certain difference between the law enforcement level and the two, there are also some common characteristics that the law enforcement departments tend to be sentimental in their choice of love and law. This determines the tendency of being lenient when deciding the case of child-bearing daughter-in-law Only by virtue of legal constraints, it is difficult to achieve the desired effect.