War, Society And Law: A Study Of Female Cases In Bishan County During The Anti-Japanese Wa

During the Anti-Japanese War,the order of rural society in the rear became increasingly disordered under the collision of multiple factors such as the acceleration of population flow,economic turmoil and the change of ideas.As a result,a large number of litigation cases such as marriage,property inheritance and loan came into being,among which there were not a few women participating in these cases.Rural women’s participation in judicial proceedings is a manifestation of their use of law as a weapon to safeguard their legitimate rights and interests,which not only shows the strengthening of women’s awareness of rights in modern times,but also reflects the improvement of women’s status in modern times.But at the same time,women’s active participation in litigation cases,on the one hand,expanded the scale and cycle of the case itself,which also made the limited judicial resources of the national government more tense;On the other hand,it further exacerbated the disorder of family and rural social order in wartime,and then had an impact on the overall situation of the Anti-Japanese War.So,how did the grass-roots organs,especially the grass-roots judicial organs,respond to the cases involving women in wartime? What is the effect? This is an academic issue with a lot of experience in summarizing the historical experience of grass-roots governance.Taking Bishan during the Anti-Japanese War as the background,and taking the cases involving women in judicial cases as the starting point,this paper deeply investigates the activities and roles of women in marriage,property inheritance,economic activities,smoking and drug control cases,and further discusses the ways and methods of grass-roots administrative organs and judicial organs to solve relevant disputes and cases,so as to summarize the experience of grass-roots governance in the rear society in wartime.This paper is divided into five chapters.The first chapter introduces the social,political and judicial situation of Bishan.Bishan is located in the east of Sichuan and close to the accompanying capital Chongqing.It has rich resources in natural geography and natural advantages in human factors.With the outbreak of the Anti-Japanese War,not only caused varying degrees of impact on the family size,livelihood and daily life of Bishan County,but also greatly promoted the development of local social education,and the modernization characteristics brought by education are becoming increasingly prominent.Of course,the rural social and political ecology and legal environment of the county also showed significant changes during the war.The second chapter discusses the female marriage problems in Bishan County during the Anti-Japanese War.Through the analysis of female marriage cases,it discusses the disputes and their settlement process of women’s pursuit of marital autonomy.Although women’s marriage autonomy was established in legal form as early as before the war,Bishan women in the southwest corner know little about this new concept of marriage autonomy,and few people take the initiative to strive for marriage autonomy.After the outbreak of the Anti-Japanese War,the internal migration of the population,schools,the army and government organs in the coastal areas promoted the spread of new concepts including "freedom of love" and "autonomy of marriage" in Bishan rural society to some extent,which also promoted the sprouting and growth of the idea of rural women’s autonomy of marriage.More importantly,the behavior of rural men leaving home due to conscription,recruitment and making a living in wartime further makes the practice of rural women’s marital autonomy possible.Therefore,this chapter focuses on how rural women strive for and defend their marriage autonomy under the background of war,as well as the response of the state and society to women’s defense of their rights.The third chapter focuses on the property inheritance rights of rural women,highlighting the problems that women’s property inheritance rights occur,strive for and solve under the background of violent social changes in wartime.Women’s right to inherit property has always been one of the most important indicators of women’s social status.Since modern times,women’s right to inherit property has been protected by law.The view that women owned and practiced the right of property inheritance in traditional society has always been negative,but through this chapter,it can be seen that the right of property inheritance of rural women in wartime was protected by the state.Of course,in the context of the Anti-Japanese War,the tense land relations and the deterioration of the economic environment have led to the social problems such as family disputes,land disputes and aggravating the marriage crisis in the process of rural social practice.How to deal with these problems has become a new test for grass-roots governance.Bishan local grass-roots administrative and judicial organs show their abilities to solve women’s property inheritance demands and disputes,and eliminate disputes through multiple means such as family mediation,administrative mediation,judicial mediation and administrative litigation.However,due to the lack of wartime grass-roots social support and the limitations of administrative and judicial personnel,their intervention did not achieve the expected effect.The fourth chapter focuses on the women’s economic activities and their contradictions and disputes reflected in the case.While paying attention to the economic activities and economic disputes of rural women in wartime,it also discusses how the local grass-roots judicial and administrative authorities will adjust and deal with the individual economic demands and economic disputes of villagers when the effectiveness of the traditional economic contract in wartime is greatly reduced.With the economic turmoil brought by the war,the original economic order of rural society,including Bishan,has been challenged.Compared with the disputes of marriage and property inheritance,Bishan women participating in economic disputes show certain differences in age distribution and relationship with the subject of the dispute.By investigating the causes of Bishan women’s economic disputes and their performance in the disputes,it can be found that while rural women’s economic activities were expanded in wartime,their economic survival capital was also gradually weakened.With the increase of women’s participation in economic activities,the scope of cases involved is also expanding.In the process of case settlement,traditional concepts such as "human feelings" and "ethics" have been changed to some extent,and the concept and consciousness of safeguarding individual rights with the help of law have been strengthened.The fifth chapter focuses on the analysis of the most extensive tobacco and drug crimes in Bishan female crimes during the Anti-Japanese War,and deeply discusses the types,causes,detection and disposal methods of female crimes.Through the discussion of relevant issues,it shows the appearance of rural women in the rear area in wartime from another level,and also shows the efforts and difficulties of the grass-roots political power of the national government in combating female crime.The tobacco and drug crimes committed by women in Bishan County during the Anti-Japanese War and their governance can be described as an epitome of the modern anti-smoking and drug control work.The success of the relevant work must require the support of the local grass-roots society.Therefore,it is doomed that the tobacco and drug crimes in the grass-roots areas of the national government can not be effectively dealt with.Generally speaking,through the study of Bishan women’s cases during the Anti-Japanese War,on the one hand,it shows the life appearance and state of Bishan women from family to society in wartime,and reveals the different and previous historical cognition of women’s marriage,property inheritance,economy,crime and other issues in traditional society;On the other hand,from the perspective of the rapid changes of wartime society,this paper studies the roles played by ordinary people,grass-roots society and national forces in solving women’s demands and disputes,as well as the interaction between these forces,so as to further recognize and summarize the positive mode of disputes in the process of modern social transformation,so as to promote the understanding of modern grass-roots social governance.