A Study On The Widow S Property Disputes In Longquan Area In The Early Republic Of China

In the early period of the Republic of China,with the influx of Western legal thoughts,China also began a series of legal reforms.These reforms gradually penetrated into the grass-roots,to a certain extent,affected the local judicial process,but also had a certain impact on individual groups.Under the influence of the early years of the Republic of China,widows in the Longquan region were involved in litigation either actively or passively.With the tide of the times,the widows’ Group began to appear frequently in the litigation activities,which shows the influence of the legal reform on individual groups on the one hand,and the awakening of the widows’ awareness of the legal system on the other hand.This paper analyzes the widow property dispute cases in the Longquan area from three modules: the analysis of the case itself,the analysis of the main body of the case and the analysis of the case processing mode,step by step to conduct in-depth discussion of such cases.There were thirty-four property disputes involving widows in Longquan during the early years of the Republic of China.The causes of these disputes can be divided into social,personal and historical backgrounds,or is it the poverty that leads to more competition for children Meanwhileme,the cases can be divided into four types of disputes:land disputes of mountains,forests and fields,disputes of establishing an heir and property,disputes of deceiving a widow and disputes of property and disputes of money and debt.The main body of the case is the widow group.The property dispute cases in Longquan area in the early Republic of China can reflect the specific rights of widows.The rights of widows can be divided into thrin categories: first,the rights of widows in the person.The right of a widow to choose an heir is limited in the exercise of the right to choose an heir.The right of the widow to remarry freely is also embodied in the dispute of taking away property from the widow.In the disputes about family property,the widow’s property right includes "the right of family property inheritance" in the forest disputes and "the right of income in turn" in the land disputes.In addition,in the personal property,the widow has the right to the collection of external rent and the right to claim the debt.A widow may bring an action on her behalf and may also bring an action on her behalf.Widows are also adept at taking advantage of their vulnerable position in litigation.In the early Republic of China,there were two modes of settling widow property disputes in Longquan,one was civil reconciliation and the other was judicial decision.The civil reconciliation closes the case by means of "mediation and conciliation",and the concept of "family harmony and prosperity" runs through the whole process,which needs the participation of the mediator and the cooperation of both parties.If the settlement does not take effect or can not be reached,the case will be decided by the government.In the process of judgment,the judgment basis is extremely diverse,the judgment reason is mainly evidence,and the local judge uses reason to deal with the grass-roots justice and the law does not adapt to the part.Through the analysis of the widow property dispute cases recorded in the Longquan judicial files,we can finally have a certain understanding of the basic situation of the case,the subjects involved in the case and the mode of handling the case.First,through sorting out the cases themselves,we can know the number,causes and classification of the cases.Second,through analyzing the widows’ groups in the Longquan area,during this period the rights of the widows as a group in respect of persons,property and legal proceedings are known.Under the background of legal system reform,the right of widows in the early Republic of China followed the times in the wave of legal system reform,but could not get away from the times,so they were restricted by the times,through the analysis of the trial process,we can know the Longquan region’s handling of widow’s property disputes.In the face of the law reform in this period,the application of the law was relatively slow and out of line with that of the central government,so the local government regulated it through various factors such as clan and custom,make the central law more applicable locally.