Dowry Ownership System In The Late Qing Dynasty And The Republic Of China

Chinese traditional society,after marriage a woman belongs to her husband,the family property is controlled by the husband,only the dowry she brought from her mother’s house was her property after marriage.Therefore,the question of the ownership of the marriage is great significant for women.This article use the three periods of the late Qing Dynasty,the early period of the Republic of China,and the late period of the Republic of China as the dividing point;Taking the dowry ownership system in the three marriage states during marriage,divorce and remarriage as research objects.The static law regulations of each period are combined with the dynamic civil trials to study the changes in the dowry ownership system in the three periods,and analyze the causes and effects of the changes.The main contents of this article are as follows:The first chapter is based on the relevant laws and regulations in the late Qing dynasties,in combination with civil trial cases,the dowry ownership system during marriage,divorce,and remarriage is studied.It was concluded that the dowry was owned by the woman during the marriage and at the time of divorce,but when remarrying,the dowry is in the charge of the man’s house.The second chapter is the study of the dowry ownership system in the early period of the Republic of China,especially the period of Bei yang government.During this period,the trial of civil cases was mainly based on the old laws of the late Qing Dynasty,supplemented by the judgments of the Dali Court.Therefore,this chapter combines the regulations and the judgments of the Dali Court to analyze in depth the Bei yang government’s dowry ownership system.The conclusions reached are almost the same as those stipulated in the late Qing Dynasty.The third chapter studies the dowry ownership system in the late period of the Republic of China,which mainly refers to the period of the Nanjing National Government.Based on the Civil Law of the Republic of China and the relevant Supreme Court cases,the dowry ownership system during marriage,divorce,and remarriage was studied,and it was concluded that no matter what the marriage status was,the dowry belonged to the woman.The fourth chapter compares the similarities and differences of the dowry ownership system in the three periods,analyze the causes of continuity and change.Analyze the general trend and reasons for the change of the dowry ownership system.Explore the impact caused by the change of the ownership system of dowry.