| After the establishment of the Republic of China,the idea of freedom and equality was quickly spread,and the feminist movement was one after another.In the face of fierce public opinion,the laws gradually confirmed this principle.At the end of the Qing Dynasty,the draft of the Qing Dynasty Civil Law edited by the government improved the status of women for the first time at the legal aspect.Since then,the Nanjing Provisional Government and the Beiyang Government have followed the laws.After the establishment of the Nanjing National Government,the "National Law of the People’s Republic of China" was promulgated,marking the establishment of the principle of equality between men and women in law.However,whether the rights stipulated in the legal provisions are truly possessed by women may be investigated from the litigation case at that time.The divorce dispute between Xian Lingzhi and her husband lasted for several years,involving Xian Lingzhi’s divorce rights,property rights and guardianship of the foster daughter.It can be seen from the case that traditional habits still deeply affect women marriage life.Women are still in a weak position in society.It is not easy for them to fight for their rights through litigation.There is a problem of deviation from the expression and practice of law.This article is mainly divided into three parts: introduction,body and conclusion.There are four chapters in the body.The first chapter is to analyze the cause of marriage and divorce of Xian Lingzhi.She was a famous actress at that time,with a wealth of income,and her interaction with high society also made her different from traditional housewives.In contrast,the misfortune of her marital life,the unequal status of husband and wife,and her husband strictly controlled her freedom.Dissatisfaction with marital life prompted her to seek a legal way to get rid of the predicament.The second chapter explores the property rights of Xian Lingzhi.The property that Xian Lingzhi competes with her husband is mainly real estate located in her hometown.Therefore,the property rights of Xian Lingzhi represent the ownership of the real estate.The direct proof of ownership of the real estate is the title deed,but according to the social habits at that time,the title deed was signed by the husband.The new law promulgated by the government abolished the bad habits of supremacy of husband and wife,and established the principle of equality between men and women.However,in the trial of the case,the judge still recognized the traditional habit of "legacy inheritance".The property rights that Xian Lingzhi fights for are not fully obtained.The third chapter discusses the guardianship of Xian Lingzhi.Applying for the custody of the adopted daughter is the law of Xian Lingzhi after the property dispute is over.Because the adoptive daughter is taken back by the she’s lucidum,the motherhood prompts Xian Lingzhi to fight for the fostering rights of the foster girl.Dante Xian and the two had previously agreed to a divorce.According to the law,the divorce was agreed and the children were brought up by the husband.Xian Lingzhi lucidum instead requested the confirmation of the husband-wife relationship on the grounds that the two had compounded.In the end,the focus of this lawsuit became the determination of the conditions for the establishment of marriage.The fourth chapter mainly examines the influence of public opinion and lawyers on the case and feminist rights in the divorce case of Xian Lingzhi.During the litigation of Xian Lingzhi and her husband,she actively catered to the media,seized the high ground of public opinion,won social sympathy,and achieved the support of public opinion.Own rights.However,the bullying of Xian Lingzhi by bad lawyers also exposed women’s gender weakness. |
PDF Full Text Request