The Legislative Process in Republican China: The 1930 Nationalist Family Law and the Controversy over Surnames for Married Women

Abstract

This article investigates the legislative process that produced the 1930 Nationalist Family Law Book of the Republican Civil Code, focusing in particular on the debate over married women's surnames. In the accompanying discussion, Guomindang (GMD) lawmakers, legal experts, educators, women's rights advocates, and others grappled in a remarkably open manner over how best to address the surname question in light of their concerns with Party consolidation, legal modernisation, gender equality, social stability, and individual identity. Although the outcome of the legislative process affirmed customary surname practices (albeit with progressive overtones), the process itself was uniquely radical, with participants thoroughly reevaluating one of the oldest and most fundamental patriarchal institutions in Chinese society. The legislative and post-legislative debate over surnames illuminates the Nanjing Decade as a singular transitional period in the history of Chinese law and gender during which law was subject to revision and amendment rather than orthodoxy, and GMD policy toward women was subject to deliberation rather than dictated by ideology.