Research Of Changes On Feminine Right During The Early Republic China

The feminine legal issue mainly exists in marriage,family,inherits and so on.The law of marriage,family and inheritance is a part of legal system that embodies the national characteristics,and is directly and closely related to the national cultures and customs,and retains traditional factors of nationality in maximum,so it usually has very strong conservatism.In Chinese traditional society,people often pay a great attention to the clan law and emphasize inequality between the two sexes, hitch makes the law system of traditional marriage and inheritance be deeply rooted in the traditional cultures,consequently,the value criterion of the feudal moral conduct that women are inferior to men and the obligation are the main orientation in society,which is sharply conflicted with the value idea of equality and independence and right standard that the modern West status law implemented.This kind of conflict inevitably made the feminine legal system face the fiercer conflict and the challenges than others during the modernization of Chinese civil law times.Therefore, to study modernization of feminine legal system is not only helpful for us to grasp the changing history of the feminine legal system,but also can reflect the general regularity of modernization of Chinese civil law, especially the modernization of the status law from a unique dimension.In the contemporary research field of legal history about modernization of the civil law,the feminine legal system has not been studied thoroughly,so the knowledge of modernization of feminine legal system is incomplete,and the systematic research of feminine right question is still a virgin land due to lack of careful and deep research.For "Civil component of Present criminal Law"is still the fundamental cavil law in the early Republic China,the feminine right has no changes in the legislative system,consequently,the scholars believe that the feminine right "follows than changes much in this period of time".However,this kind of general understanding cannot be examined closely.The reasons are following:firstly,during the early Republic China,the feminist movement has been struggling for women rights continuously,and the value idea about feminine changed fiercely with the development of the feminist movement,which influenced the judicatory practice inevitably;seconded, it is impossible for judicatory practice to be immune to the developing trend of civil law of pursuing the equality of the sexes all over the world during the early Republic China.As a sub-system of the social system, static condition of the legal system can only reflect the social condition of special time,its dynamic changes can reflect changing situation of sociality as a whole.Therefore,it is necessary for us to study the feminine legal problem by judicatory judgment in addition to paying attention to the expression of the legislative level at that time.Only by analyzing and contrasting with the related judicatory judgment,can we open the dense fog and discover the changing vein and regularity of the feminine right during the early Republic China.By referring to the regulations,the judicatory judgment,the typical case,the civil customs,the statistics,the academic commentary and other materials,and with the judgment of DaLi court and unified law stipulation simultaneously,the author uses the synthetical analyzing method of "joint of static state and dynamic state",the joint of history and theory,and the statistical analysis,following the path that from the law system to the judicature sentence,to the living practice and to the judicatory practice to carry on the asseveration and analysis in the researching process.The author mainly studies the following three questions:the change of female right in the marriage and inherits;the changes of Concubine's right;the exertion and realization of feminine rights on which author generalized the reason,the characters,the rule and the trend of the change of female right at the early Republic China:The female right embodies a changing trend from object to subject in marriage judicature,and from obligation to right in inherits sentences,and from status to contract on Concubine's right.In the changing process of feminine right,the Dali Court's judicature sentences is a legal path,social reform and the modernization of the law system is the kay factors that influenced the change of the feminine right.Although the change of the feminine right displays the features of curves and incompletion at the legislative level,and also displayed weighing between the changes and defends and slow evolution at the judicial level due to the influence of above two main factors,generally speaking,as a whole,feminine right in the Dali Court judicatory practice still manifests the developing trend to independence,equality,and right standard during the early Republic China.