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Evolution Of The Women's Right To Inherit Property During The Period Of The Republic Of China

Posted on:2010-05-04Degree:MasterType:Thesis
Country:ChinaCandidate:X L TanFull Text:PDF
GTID:2166360275460800Subject:Legal history
Abstract/Summary:PDF Full Text Request
In traditional society, the law of women's inheritance rights are extremely limited, for instance there is no right of the succession of the headship of a house, no knighthoods inheritance, women, whether as daughters or as wives, do not enjoy the legal right to inherit property. This situation continued until the end of the Qing Dynasty, Women's status began to fight for independence and liberation, and economic independence are the basis of the liberation of women, the enjoyment of rights of succession to property to achieve economic independence of women are one of the important ways, so the women's property inheritance rights of the sport have risen.the Republic of China society has changed dramatically, in the final period of the promulgation of the Civil Code, the woman was in the law right to inherit property. Although at that time because of the deep-rooted traditions and customs, family life in practice few women have the right idea of her, but from the perspective of social change, the Republic of China on the women's inheritance law, whether for the protection of women's rights or for the promotion of women's liberation for all of great significance.In this paper, by the introduction, body and conclusion of three parts. Some of the main body is divided into four chapters:Chapter I sets out the Chinese system of inheritance-related historical background, including the traditional inheritance system, family system and the total financial system of cohabitation. Shows the traditional Chinese family culture, and women's inheritance right to the initial state, make good beding for the introduction below, the development of women's inheritance of "difficult".Second chapter deals with the modern woman of our inheritance of property changes in the late Qing Dynasty to the Republic of China such a turbulent period, along with the Western powers of the military, cultural, political, economic multifaceted invasion, women's inheritance of property has never happened to a fierce Some changes.Chapter III Analysis of the modern women's inheritance of property changes to historical reasons, such a change based on changes in economic fundamentals, but also by various political, cultural, historical traditions and other factors.Chapter IV discusses the period in the women's inheritance of property development and changes in the value of implied meaning, the law on women's inheritance rights norms at the same time, because of its own flaws and deficiencies in judicial practice, making some of their conflicts arise. At the same time, inferred from the Republic of China attaches great importance to civil habits, as well as civil habits for the impact of legislative and judicial. Further depth analysis of legal norms and social awareness of the differences between legal consciousness and interaction, so we can see that the women's inheritance of property development and changes in the historical inevitability and objective existence.To understand the full significance of legal changes, the best ways is through the study of court cases to observe the judicial practice. In this article the process of collecting data, I selected a large number of women regarding inheritance of property case. As can be seen from the cases, the changes in the legal system mainly in the city rather than in rural areas, mainly in the form of meaning rather than in its real meaning. Although the actual administration of justice did not meet the desired results legislators, but the new law, after all, for the right to cultivate awareness of trends and equality between men and women of the Enlightenment guidelines.
Keywords/Search Tags:Republic of China, The succession of the headship of a house, Women's right to inherit property, Civil habits, Value conflicts
PDF Full Text Request
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