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中华民国民法亲属编的制定,从法律层面上完成了婚约从聘娶婚至自由婚的转型。国家立法层面已经实现了从传统婚约到现代婚约的转型,但在民间司法实践中,由于传统法律意识在人们头脑中根深蒂固,一时还难以与国家立法同步更新。司法实践的千变万化与研究理论的不能同步跟进,致使司法实践在总体处于法律框架之下的有序运作之中,也会出现五花八门的陋俗旧规残留现象。陋俗旧规残留体现在诉讼主体之上,体现在传统婚俗的遗留之中,状纸之中也有陋俗旧规的表述,诉讼理念中陋俗旧规也有所残留,据案由乱象亦可推知的陋俗陈规表现为诉讼乱象。综合前述各端之探讨,究其原因,似可归纳为两点,一为对中华民国民法亲属编的宣传和普及没有实质性的推进,二为国民心理之中的传统意识一时还难以根除。
The development of the Republic of China civil law relatives, from the legal level to complete the engagement from marriage to free marriage marriage. At the level of national legislation, the transition from the traditional marriage contract to the modern marriage contract has been realized. However, in the practice of civil judicial practice, due to the deep-rooted traditional legal consciousness in people’s minds, it is hard to keep pace with the national legislation at the moment. The ever-changing judicial practice and research theory can not be followed up simultaneously, resulting in the judicial practice in an orderly operation under the legal framework as a whole, there will be a wide variety of old and dirty traditional phenomenon. The remnants of the vulgar and old rules are reflected in the subject of litigation. They are reflected in the remnants of the traditional marriage customs. There are also some old and bad rules in the essay paper. The old and obscene rules in the concept of litigation are also left behind. The vulgar conventions Show litigation chaos. To sum up the reasons mentioned above, the reasons may seem to be summed up in two points. One is that there is no substantive advancement in propaganda and popularization of the relatives of the civil law of the Republic of China, and the other is the temporary elimination of the traditional awareness among the national psychology.