Marriage, Law and Gender in Revolutionary China, 1940–1960 (Cambridge Studies in the History of the People's Republic of China)

Xiaoping Cong examines the social and cultural significance of Chinese revolutionary legal practice in the construction of marriage and gender relations. Her book is an empirically rich investigation of the ways in which a 1943 legal dispute over an arranged marriage in a Chinese village became a legal, political and cultural exemplar on the national stage. This conceptually groundbreaking study revisits the Chinese Revolution and its impact on women and society by presenting a Chinese experience that cannot and should not be theorized in the framework of Western discourse. Taking a cultural-historical perspective, Cong shows how the Chinese Revolution and its legal practices produced new discourses, neologisms and cultural symbols that contained China's experience in twentieth-century social movements, and how revolutionary practice was sublimated into the concept of 'self-determination', an idea that bridged local experiences with the tendency of the twentieth-century world, and that is a revolutionary legacy for China today. Cover 1 Half-title 3 Series information 4 Title page 5 Copyright information 6 Dedication 7 Table of contents 9 List of figures 11 List of maps 12 List of tables 13 Acknowledgments 14 Introduction 21 Part I Locality, marriage practice, and women 47 1 The case of Feng v. Zhang 49 I. From the imperial frontier to the revolutionary base: state-building in Longdong and Shaanbei in the 1930s 53 Geography, history, and population of the Longdong subregion 54 Political history, society, and culture of the locality 57 II. Marriage reform and local society 61 The 1939 regulation and marriage reform 62 Social structure of the locality and the family revolution 65 III. Social conflicts: the economic motive behind marriage disputes 72 IV. Law and social practice: dealing with cultural and legal incompatibility 79 2 The appeal 85 I. The revolutionary discourse of “freedom of marriage” 87 II. Women in the local patriarchal system: love, sexuality, and marriage 90 Women’s living conditions in the region: a society in distress 90 Women’s life under patriarchy: love, sexuality, and marriage 93 Resistance to the patriarchy: women running away and “being kidnapped” 99 III. Local women and the revolutionary state 104 The revolutionary state: mobilization of women for sacrifice 104 Soldiers’ wives and fiancées: women who did not want to wait 108 “Freedom of marriage” in practice: fortification of the family agent 116 IV. The case of Zuo Run v. Wang Yinsuo 120 Conclusion 123 Part II Legal practice and new principle 125 3 The new adjudication 127 I. Constructing a new workable judicial system for the SGNBR: 1937–46 131 The judicial system of the SGN in transition: 1937–41 131 Formalizing the revolutionary judicial system: 1941–3 135 II. Searching for a hybridized model for the revolutionary judicial system 140 The review of judicial works in 1943: an independent or a centralized system? 140 Inventing the “revolutionary tradition”: a hybrid judicial system in the making, 1943–9 145 III. Legal practice: formalism or local flexibility under the revolutionary principle? 149 Modernity and locality: between legal formalism and reality 150 Legal practice in a locality: understanding local knowledge 154 Between revolutionary principles and social circumstances: the case of Zhao Fanshen 156 4 A new principle in the making 159 I. From “freedom” to “self-determination”: terminology and statutes 160 The dual meanings of the term “freedom” in twentieth-century China 161 “Freedom as principle”: the marriage regulations and law in southern revolutionary base areas, 1931–4 164 From “freedom” to “self-determination” through social practice 166 II. “Self-determination”: a new principle for marriage through legal practice 170 Reconceptualizing and understanding rural women 170 Changing legal practices (1): definitions and techniques 173 Changing legal practices (2): detecting motives for divorce 178 Changing legal practices (3): conditions of family abuse and “intolerable cohabitation” 179 III. The marriage regulations in revision, 1944 and 1946 181 The 1944 regulation: a provisional change 182 Implementation of the 1944 regulation and its deficiency 184 The 1946 regulation: making law practicable 187 Conclusion 191 Part III Politics and gender in construction 193 5 Newspaper reports 195 I. Ma Xiwu’s way of judging: pacifying the local community 197 The Yan’an Way or Ma’s Way: an authoritarian state or New Democracy? 197 Ma’s Way: responding to an agitated village community 198 II. Ma Xiwu’s Way: improving state relations with local communities 203 Ma’s Way in local context: achieving a peaceful community via mediation 203 Ma’s Way in practice: pushing the party-state to improve its working style 207 Ma’s Way in practice: the state negotiating with and reshaping the local community 211 III. Ma’s Way: local communities in the shaping of state discourse 220 Reestablishing the order of the community 220 Local autonomy and culture under the revolutionary state 223 IV. Xinhua Daily: showcasing SGN democracy and a prelude to a new heroine 226 6 The Qin opera and the ballad 229 I. The post-May Fourth generation of urban-bred youth in Yan’an: searching for their national roots and devotion... 231 Established intellectuals versus educated youth in Yan’an 231 Yuan Jing’s literary career and the national form: from Liu Qiao’er to The Story of New Heroic Sons and Daughters 236 II. New images of women under the revolutionary party-state 240 New images of women: the rebellious daughter 240 The new image of middle-aged women: a social mother 244 III. A revolution that transformed the mother–daughter relationship 245 The May Fourth daughters: leaving their mothers behind 246 Social mother versus biological mother (1): rural mothers as others 250 The social mother versus the biological mother (2): sexuality, reproduction, and class 252 Feminine space in the masculine party-state: recasting the relationship between state and family 256 IV. Remaking the story for the locals: Han Qixiang and the ballad “Liu Qiao’s Reunion” 258 Han Qixiang and the transition of local culture 258 “Liu Qiao’s Reunion”: moving toward local taste 261 7 The Ping opera and film 264 I. The changed term in the 1950 Marriage Law: departing from locality 265 Tracing the contestation: returning to urban idealism 266 Regularizing marriage reform 269 II. The Ping opera Liu Qiao’er: the image of new women 273 Adapting Liu Qiao’er to Ping opera, 1949–55 273 A new heroine in reality: Xin Fengxia’s marriage 275 III. From Ping opera to a film: politicizing popular culture 276 A campaign for reforming the performing arts 277 Transforming popular culture: intellectuals under the new revolutionary ideology 279 Politicizing popular culture 282 IV. Feng Zhiqin and “Liu Qiao’er”: the new models of women 286 From Feng Peng’er to Feng Zhiqin: rural women in the public domain 287 “Liu Qiao’er” as a model for rural women 290 Epilogue 292 I. The ongoing story of Liu Qiao’er: Feng Zhiqin, Yuan Jing, and Xin Fengxia 293 II. The law and marriage: progress and practice beyond 1960 299 III. Zizhi discourse: from marriage to state and society 301 Bibliography 304 I. Archival documents 304 II. Historical documents, films, and scholarly works 307 Index 337 [the Author] Examines The Social And Cultural Significance Of Chinese Revolutionary Legal Practice In The Construction Of Marriage And Gender Relations. Her Book Is An Empirically Rich Investigation Of The Ways In Which A 1943 Legal Dispute Over An Arranged Marriage In A Chinese Village Became A Legal, Political And Cultural Exemplar On The National Stage. This...study Revisits The Chinese Revolution And Its Impact On Women And Society By Presenting A Chinese Experience That Cannot And Should Not Be Theorized In The Framework Of Western Discourse. Taking A Cultural Historical Perspective, Cong Shows How The Chinese Revolution And Its Legal Practices Produced New Discourses, Neologisms And Cultural Symbols That Contained China's Experience In Twentieth-century Social Movements, And How Revolutionary Practice Was Sublimated Into The Concept Of 'self-determination', An Idea That Bridged Local Experiences With The Tendency Of The Twentieth-century World, And That Is A Revolutionary Legacy For China Today.-- The Case Of Feng V. Zhang : Marriage Reform In A Revolutionary Region -- The Appeal : Women, Love, Marriage, And The Revolutionary State -- The New Adjudication : Judicial Construction In Marriage Reform -- A New Principle In The Making : From Freedom To Self-determination Of Marriage Through Legal Practice -- Newspaper Reports : Casting A New Democracy In Village Communities -- The Qin Opera And The Ballad : From Rebellious Daughters To Social Mothers -- The Ping Opera And Film : Nationalizing The New Marriage Practice And Politicizing The State-family, 1949-1960 -- Epilogue : Liu Qiao'er, Law, And Zizhu : Beyond 1960. Xiaoping Cong. Includes Bibliographical References And Index. "[The author] examines the social and cultural significance of Chinese revolutionary legal practice in the construction of marriage and gender relations. Her book is an empirically rich investigation of the ways in which a 1943 legal dispute over an arranged marriage in a Chinese village became a legal, political and cultural exemplar on the national stage. This...study revisits the Chinese Revolution and its impact on women and society by presenting a Chinese experience that cannot and should not be theorized in the framework of Western discourse. Taking a cultural historical perspective, Cong shows how the Chinese Revolution and its legal practices produced new discourses, neologisms and cultural symbols that contained China's experience in twentieth-century social movements, and how revolutionary practice was sublimated into the concept of 'self-determination', an idea that bridged local experiences with the tendency of the twentieth-century world, and that is a revolutionary legacy for China today."-- Back cover