The Change And Enlightenment Of Legal Status Of Ancient Chinese Ordinary Women To Inherit Property

Protecting women's legitimate right to inherit property and enhancing women's status as a whole is the important issues in the contemporary jurisprudence. Analysis of the change of legal status of ancient Chinese ordinary women to inherit property under the rule of ancient China law and explore the thinking behind this change, political and economic factors, we derive the enlightenment to the maintenance and advancement of women in the legal status. In this paper, I talk about the change and enlightenment of legal status of ancient Chinese ordinary women to inherit property from four aspects. They are the paradox between the rule of law and women to inherit property; the evidence of the legal status of women to inherit property; the evidence, the development and the restrictions of the status of women to inherit property; the enlightenment of legal status of ancient Chinese ordinary women to inherit property. The author believes that the economic system will inevitably lead to changes in the traditional system of values and family and social relations, so in the light of this, women need to enhance women's legal status of ancient Chinese ordinary women to inherit property, economic status and political status.The first part is the paradox between the rule of law and women to inherit property. Ancient Chinese society is the family system as the core of social, family patriarchal system for the expansion of the system of social control. Men depend on family, and women depend on men. As a result, studies wish women to inherit property, to analyze the status of women in the legal system and inheritance. In this part, I discussed in two cases about the paradox between the rule of law and women to inherit property, namely, the concept of the rule of law were excluded from the status of women to inherit property and the rule of law in practice to recognize the status of women to inherit property. First, the concepts of the rule of law were excluded on the status of women to inherit property. In China's patriarchal society, as family-based system of property inheritance, it is in principle the exclusion of women to succeed in order to maintain the male offspring to inherit the family property order. In the issue of property inheritance, it is also a natural priority to the interests of the male line, in order to consolidate and develop the family-oriented. First of all, regardless of the dynasty of the legislators considering the issue of succession to all of the evolution of the legal system will not damage the community. This is followed by the rule of law in practice to recognize the status of women to inherit property. Although the concept of the rule of law were excluded on the status of women to inherit property, but in practice they have to admit to a certain extent its status. It is the needs of the patriarchal system, the women gradually gained the facts and legal status of the property law of succession; it is also due to the patriarchal system in the paradox of the succession system, only women to inherit property in their development of a change in a constant restricted.The second part is the evidence of the legal status of women to inherit property. From Qin Dynasty, Han Dynasty to Wei Dynasty, Jin Dynasty and Southern and Northern Dynasties, the feudal ethics initial stereotypes, from the practice of the community as a whole, for women the impact of the binding is more limited. Women have relatively more personal freedom, property or freedom of political participation eligibility. A host of facts have proved that this historical stage of the status of women to inherit property exists. This is the part of taking Qin Dynasty, Han Dynasty, Wei Dynasty, Jin Dynasty and Southern and Northern Dynasties period as an example for research of the legal status of women to inherit property, and listed the fact that the status of women to inherit.The third part is the evidence, the development and the restrictions of the status of women to inherit property. Before Tang Dynasty, despite the fact that women were in inheritance, sporadic correspondence could not have been clear in the statute provides for the succession status of women. Since Tang Dynasty, the law was written in the book to confirm the status of women to inherit property. Tang Dynasty established by the close of mature, composed of a series of legal succession. The inheritances of future generations are the more imperative for the light. However, with synchronized women to inherit property, the restrictions also have deepened. Women to inherit property, the legal status confirmed, with some restrictions on the author discussed the status of women to inherit property, the law recognizes the legal status of women to inherit property and the development of the legal status of women to inherit property.The fourth part is the enlightenment of legal status of ancient Chinese ordinary women to inherit property. Taking a panoramic view of ancient Chinese women to inherit property, the legal status confirmed by the fact that the legal changes and the process is not difficult to find, from Tang Dynasty established the legal status of women to inherit property, with the exception of some of the development of Song Dynasty, the other is in the age limit among back. This is a different era and the ideological, political and economic environment can not be separated from the area. If conscientiously sum up its experience and lessons for contemporary women to better protect the property rights to promote the development of the feminist movement as a whole is a sense of inspiration. In this part, the author discusses the respective rights of women in the social basis of ideological basis for women to participate in the political ability to enhance the economic status of women. First, the concept of the family property system innovation is the basis of the rights of women in society. At present, as the economic and cultural development of China's cities in the inheritance rights of women have basically been realized. However, in rural areas, family organizations, to some extent still prevalent and other reasons, the realization of the right of women to succeed and cities there is no doubt a considerable gap. At present, we need to promote the modernization of the rural family organization, the weakening of family influence on this basis, the establishment of a new type of family and the family property system. Second, the main women's awareness of women's rights is established on the basis of ideology. With the establishment of the principle of equality between men and women, equality between men and women the right to inheritance has become the common law provisions. In China, however, by strong feudal traditions, plus the lack of legal awareness, many people still believe that women are not the right to inheritance, or at least do not enjoy equal inheritance rights, which in fact willfully violated the law by the woman who should have the right of inheritance. Therefore, we have to increase awareness of gender equality and the main formation concepts. Third, the ability of women to participate in political decision is towards the development of women's rights. With the development of society, the awakening of women, women's political status as a goal is for more and more attention. In today's reform and opening up, social development, women must be in accordance with the requirements of self-adjust themselves to establish the values of self-independence, and enhance individual in the political life of the subject, initiative and independence, improve the ability of self-evaluation, self-control ability and innovation ability, personality and political reconstruction of women. Fourth, to enhance the economic status of women is the key to the development of women's rights. Women to inherit property are subject to the legal status of family status, economic status, social status, particularly economic status. Economic status is the basis for the decision of women in society and the family. To improve the economic status of women, it is necessary to actively participate in economic activities.