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The Property Rights Of Women In Song

Posted on:2012-12-16Degree:MasterType:Thesis
Country:ChinaCandidate:Z WeiFull Text:PDF
GTID:2166330332995513Subject:Legal history
Abstract/Summary:PDF Full Text Request
"Women",has never been the name of stroger,as the survival of vulnerable groups ,the situation of the women deserves of attention.In this article ,the property rights of women in the Song Dynasty as the starting citing profuse historical data ,use historical and dialectical methods,through analysis of women unmarried as daughter in father's family of property and inheritance right ,and the right on dowry when they married as wife ,the right of use dowry as mother and the right to inherit property from husband's family .TO elaborate in the feudal society of promote etiquette enlightenment ,the women in Song Dynasty has certain property rights ,and there in a certain sense of law and property , in practice life , they property of there enjoyed has not entirely consistent then etiquette and law ;final to get a glimpse of the living conditions of women in Song Dynasty.This article is divided into three wide parts including preface,main body ,conclusion ,which is divided into four small parts of the main body ,a total of six parts.First ,in the introduction, this article describes the significance of the topic ,which is that women's property rights of the Song is typical and feasibility of the typical, and can in order to get a glimpse of the Society of economic and cultural levels; second innovation of the article points out that: At the time ,because of the complexity of the social, that period women's real life is not exactly the same as which built with dominator, when we study at this issue,can not only simply consider the rise or down of the women's stasus, but rather a historical, dialectical perspective to look at the status and property of women in Song; then introduced the results of academic research has been published .Then ,the main body is divided into fourparts .First ,text is introduces the background of women's survival in Song .including two aspects :economic and cultural background and legal background . On the economy front , the rapid development commodity economy in Song Dynasty ,led people to"Marriage of the property,"this atmosphere is serious .In culture ,Reiji's rule is still dominated ,and infiltration in the political ,legal ,all aspects of life; in law ,legal and family ethics are inseparable ,property inheritance and inherit the men's blood-based is closely related ,and describes the major marital property legal and related works in Song .The second part main describes women's property right when they as daughter in father's family ,including ownership of the dowry and the right to inherit family property .Daughter's right to dowry is statutory ,the amount was half of men's betrothal gift .In practice ,sometimes exceed this amount ;when there no son in family ,the daughter has most or all right to inherit father's property ,when there has step-son ,the share they have was still quantity ,not only that ,they also can inherit father's legacy through will .The third part describes the property right of women who has been married in Song ,including the dominance on dowry and as a widow inherit her husband's property which was a right of the management right for her son's property .Although the law provisions women's dowry is together with their husband and dominated by her husband ,but through research the historical we can see that many wives in charge of the dowry in daily life ,and can bring dowry to remarry or return their father's family .As a widow ,if not remarry ,they can enjoy the right to inherit her husband's property .If there has son ,although the son is the heir apparent ,because of the status that widow as mother ,widow still has custody of husband's property .If the widow remarried ,the law will not be allowed them to encroach on the property ,but sometimes carry property by false reports dowry when they remarry ,what's more ,if they have son ,the son can take care of their daily life .In addition ,widows can also through recruit men married into help own to manage her husband's property ,but in this case ,the property was still widow rather than the man married into.Finally ,the author reflects on the whole phenomenon .first summarize the women's property right in Song ,which the status of women far less than men ,but still has some property rights ,and the specific rights not entirely consistent with law and ritual .Then analyzes the reasons for this phenomenon ,which mainly was the economic development bring certain family status to women ,and ideology of Neo-Confucianism has not yet become an official philosophy ,women's living environment was relatively relaxed, then finger that they have some rights and status in family ,which is a dialectical relationship of their pay.At last, article described the features of women's property system of the Song era, pointed out that women are not free out in the history of the Song Dynasty, they as a part of history ,in the process of building history ,there also have a perfect interpretation for their history role .
Keywords/Search Tags:Song Dynasty, Women, Property right
PDF Full Text Request
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