Mid-qing Women Property Disputes And Litigation Research

It is well known that property relationship is one of the most important relationships in the Chinese traditional family. From the economic disputes women involved in, we are able to understand the real situation of women at that time in social life. Previous studies of the status of women were from the perspective of social cultural history be discussed, There were less studies to understand women's social status on the basis of the legal culture, thus, there is still much leeway for in-depth exploits about the related issues of women's property rights. From the perspective of legal history, this article discusses specifically the main types, characteristics and causes of property disputes and litigation folk women involved in, observes social changes' consequence to their domestic economy and Women group's real life conditions through property contentious cases.All above analysis based on a wealth of historical material provided by the judicial archives and Verdicts of the Qing Dynasty. Through these property disputes women involved in, we find that women are very enthusiastic in definition, maintenance or for the property rights in Qing dynasty, women actually presented a multiple image in social life. Under the principle of maintaining social ethical order, the folk or national grassroots power in Qing dynasty make contribute to the economic disputes settled, also can make women's property rights and interests are protected in a certain extent.The article composes of foreword, body and conclusion, of which the body consists of four parts:The first part discusses the social environment for the survival of women of the mid-Qing Dynasty. The intensification of socio-economic changes intensified the social contradictions, and led to influx of non-governmental economic litigation cases. With the frequent participation of women in socio-economic activities, they also continued to be involved in economic disputes.The second part collated carefully information of Women's Property contentious casein the mid-Qing, and specifically discussed the main types and general characteristics of property disputes and litigation involved the women. Most of the disputes in these cases were caused by competing for possessions, the family member was most likely to become a potential contender for Women's property rights and interests; the field and house trading disputes, tenancy disputes and debt disputes between the neighbors also occurred on a large scale from time to time. This case explains scope of women's economic activities as well as the social dimensions which they contacted are very extensive, and reflect the complexity and diversity of civil property disputes from the side.Part three discusses the social roots of women's property contentious cases. Combined with the historical background, we can ascertain that the occurrence of the women's property disputes and litigation is not only individual behavior, but also relation to all aspects of society. The prevailing socio-economic environment, women's economic concept and the tendency of disputatiousness became major influencing factors.Part four focuses on the protection mechanism of women's property rights and interests in Qing Dynasty. The law's value Orientation protects male dominance in traditional Chinese society. In the view of provisions, however, Qing Law also affirmed women's property right of inheritance and control in the family to some extent. When women involved in property disputes, they often sought for protection by means of private remedy, clan support, and clan mediation etc. Stimulated by the socio-economic benefits, traditional ethical constraints cannot solely solve the problems that others encroach on the property of women. So the official's judgments probably were the most powerful way to protect women's rights and interests, and would become the last way to keep their hope in many times. When dealing with women's property contentious cases, local officials of Qing usually could settle a lawsuit through their discretion, and could make a just and reasonable judgment when considering sentiment, moral and law together.