Republic Of China Women's Inheritance Rights, Changes

In traditional Chinese law system, because the property inherit is restrained by the succession of the headship of a house. To the inherited property, women only have the right of supervision, obtain and agreement. This right condition is rooted in the natural economy foundation of the feudal empire, influenced by the family system, property system and so on. From the end of Qing Dynasty to the period of Republic of China, following by the western military, culture, politics and economical invasion, women become to get the right of inheritance. Such change is based on the factors of economic, politics, culture, historic tradition and so on. is the first time to realize the separation of the inheritance and the succession of the headship of a house, although it has not entered the practice domain, but it establishes the related system and the thought, starting the change of women's property right of inheritance. Afterwards, backs up the separations to the close relation condition, although from the overall development tendency angle, it is a kind of historical backing up, but because it knows the limitation and the coordination with the folk custom and social law Italy, as well as the introduction of the emerging system and the right idea, it realizes the certain right of the woman property inherit in the judicial practice. There is a great deal of difference between the legal sense of women's right of inheritance which is established by < the Law of the Republic of China> and the people's, sometimes they even go against. This becomes a obstacle for the material development of women's right of inheritance in practice. It worths us reconsidering.