Study On Women’s Right To Marital And Domestic Property In Revolutionary (1937-1949)

The early half of 19 th century saw Chinese society in a turbulent period. The traditional legal system was greatly transformed under women’s liberation movement characterized by equality of men and women, yet the old ethics and patriarchy ideas were still dominant in the social conventions. Recent legal ideas and systems were in sharp conflict with deep-rooted marital customs. And the conflict became even more intense during the period of Anti-Japanese Base to the foundation of New China, due to the undeveloped economy, backward culture, difficult transportation and rooted conventions.Here is a study of the development and construction of women’s property rule against the background of politics, economics and culture specific to the revolutionary base area. The introduction of this paper gives an account of the rationale, significance and innovation of the subject, with a review of relevant academic achievements in study as well as a presentation of general organization and methodology. It is pointed out that women’s right to domestic property in the rural society is closely associated with the economy and culture in revolutionary base area. A careful look at the background, guideline, specific rule and historical value of women’s domestic property right is of great academic and practical importance to the exploration of the connection between the revolution of Chinese communist party and the transformation of domestic property rule in rural society.The first part of the body begins with an introduction of the historical background for women’s right to property in marriage and family in revolutionary base area. On one hand, laws of the confusion ethical code and the domestic property rule in feudal empire suggest that patriarchal system from the traditional Chinese ethic disciplines is still existent in folk life and effective in domestic property rule that is from the established traditional legal culture. On the other hand, the government of the Republic of China adopts the advanced system of property allotment and succession for man and wife in western families, which indicates the legal ruin of traditional Chinese domestic property rule. Still, for the adopted western system, the actual effect in basic level of life is a far cry from the desired goal. Just in this background, the revolutionary base, led by the Communist Party of China, strikes a way out to the transformation of property right in marital families. It’s a way that applies to the life of people in that time, both in system and in practice. It’s a historic breakthrough in the achievement of women’s right to property in marriage and family.In the second part, a theoretical analysis is made of the ideological, legal, systematic and economic bases on which the idea of women’s right to property in marriage and family is developed in the revolutionary base area. When Marxism was introduced into china after Russian October Revolution, the idea of feminist movement is gradually accepted by people, especially the idea of Mao Zedong feminism typical of china that makes the legal foundation and allotment principle of women’s right to property in marriage and family in revolutionary base area. Since women’s right to property has to be guaranteed by procedures and rule, the ideological course is thoroughly analyzed of women’s property right in marriage and family in revolutionary base area. Also because of the women production movement centered on spinning in every base, women gain independence in economics, which lays the economical foundation of women’s property right in marriage and family in revolutionary base area.In the traditional Chinese society, relationship is a general word for relatives, which is specifically divided into blood relationship and marriage relationship. Therefore, women’s property right can be interpreted in two ways-one from marriage relationship and the other from blood relationship, the lateral interpretations of the same subject.In part three, women’s right to property is interpreted in detail based on their marriage relationship. First a general examination is made of the marriage relationship in the period of revolutionary base, and then interpretations of women’s property right are given at two times when marital relationship lasts or breaks.Part four gives an analysis of women’s right to property in family relationship. In contrast with the marriage relationship between husband and wife, larger family relationship occurs when women come up as daughter or mother. Hence the equivalent right to family property. In particular, an interpretation is given of the re-allotment of family property when family relationship breaks, which is the key point in this part.These two parts give a multi-dimensional analysis in combination with legislation, policy and justice, a true presentation of the existing condition for women’s property right in real life in that particular period and area.A theoretical analysis is made in Part Five about women’s property right in light of its actual effect and difficulty in revolutionary area. It is pointed out that conventions in traditional Chinese married family are the common principles for domestic property, which is the important part of the transformation in married families undertaken by the Chinese communist party in liberation area. A new, healthy and rational system of equal right and interest is set up to allot domestic property for women by modifying the old irrational rule of domestic property in way of legislation and policy. In studying the subject of women’s right to property in marriage and family in anti-Japanese base area and liberation area, it can be seen that our Party has made great achievements in the legal ideology, system plan and justice practice of women’s property right. It is the fundamental transformation that totally breaks the social frame work of patriarchy in rural society and creates a new one where man and wife enjoy equal right to domestic property. Yet meanwhile, due to the old backward economy and culture as well as the rooted ways in traditional marriage in the countries of liberation area, women’s equal property right meets with difficulties and oppositions. Thus some compromises have to be made in the justice practice of women’s property allotment at the break of marriage, considering the reality traditional convention and the victory of liberation wars.In the final part, a conclusion is drawn based on the study in the previous parts. This study of the subject is of both theoretical and practical value in terms of its historic epoch. It is clear from the analysis of women’s property right in their marriage and family relationships that the key part of the transformation for married families in the rural society of revolutionary base is to assure women’s right to their property. Although its laws are subject to some limitations in justice practice, the flexible measures that are applied to the resolution of property disputes in marriage and family for rural women represent the specialty of the base government as well as the significance of the historic period. Also the legislation and execution of women’s property right in revolutionary base area means a historic trial of Marxist feminism in the situation of china, For one thing, it abolishes mentally old domestic property rule and promotes the idea of equal right to property between men and women; for another, it indicates preliminary achievements of the system of women’s property right in marriage and family both in legislation and execution, which makes precious experience for the equivalent law in New China.