Analysis Of The Song Dynasty Widow Property Rights

In the views of Confucian ethical code, the legal status of women in Chinese history is vulgar .The law in the past also continuously practice this principle. Look back the former research, the scholars do their research using all kinds of materials, including history, novels and judicial precedent...etc. and gained many achievements. However the research to the property right of widows is rare. But the importance of their rule can't be ignored. The understanding of the widows helps us master the general women's property right; because they experienced changes of their status through different roles they played: daughter, wife, and mother. As a female, she is weak; meanwhile she also enjoys her higher status in the family as a mother." A woman is vulgar" conflicts with the cultural logic of the Confucianism" filial piety" and the social morals view of "respect for seniority". All these make the widow flimsiness and independence coexist. So the widow has weak right of succession, passive amenability position in family and the possible property management. This article mainly includes the introduction, the text and the conclusion. The text part mainly divided into three chapters: The first chapter of the text mainly uses history materials and states the source of the property of widows .Compared with the general female, the widow possesses a certain right on her dead husband in addition to her dowry and the property succeeding form her father at the time the line is broken line .The widow without son has different way of inheriting her husband's family property with the widow has son. In this part, I also describe the right of widow to these properties .We can see the property right of a widow although is unlike our hope to possess so many, it be unlike customarily think so little. The second chapter of the text also uses history materials, substantial evidence and state the widow's right of house keeping, and the deposing of family property. In former research, we usually pay more attention to the restrict on women's deposing of property and exaggerate the restrict .Because of the principle of " filial piety" and" respect for seniority", as a female, the widow has more opportunities to go out of family , participate the family business, and play an important role in dividing and deposing family property . Some widows usually take charge of family property and make decision of the deposing of family property. The third chapter of the text mainly elaborated other behaviors that have influence on widow's property right. It mainly includes adoption and calling in a husband .In Sung period, widows don't be ordered to adopt and that makes them obtain the right that similar to property right. This has big difference from Ming and Qing period .Calling in a husband makes the widow under the condition of" remarry", preserve the patrimony of the former husband, and these property is owned by the widow ,although this kind of possession is limited and weak.