Abstract

Based on the judicial archives of the Shaan-Gan-Ning Border Region, this chapter examines the Border Region's divorce law practice in the context of the Chinese Communist revolution. Despite the retreat of the Chinese Communist Party (CCP) from its radical approach to divorce during the Yan'an period, women were encouraged by various revolution-introduced changes to exercise the right to divorce, and their failure or success in divorce litigation was closely associated with their respective positions or statuses as defined in connection with the revolution. Marriage battles by peasant husbands like Zhang Huaibao revealed the conflict between the legal principle of freedom of marriage and the interests of male peasants. In this sense, divorce law practice in the Shaan-Gan-Ning border region anticipated a mediation-focused judicial system, which would have long-lasting influence on the civil justice system of the People's Republic of China. Keywords: Chinese Communist Party (CCP); divorce law; Shaan-Gan-Ning Border Region

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