Study On Women’s Property Inheritance Rights Of The Clan In The Song Dynasty

According to modern civil law provisions,inheritance mainly refers to law heirs dividing the property when the ancester is dead.Chinese Song Dynasty clan was complex,and it almost had wife,concubine,own children,and adopted children,so,it was difficult in individing the property.Generally speaking,clan woman identity was just "daughter" and "wife".This paper mainly studies from both the legislative and judicial.This article is divided into four chapters:Chapter one,"Foreword".Chapter two,"History of women’s property inheritance rights of the clan in the Song dynasty".This is mainly based on the Tang dynastie,Song dynastie and previous legal history,pruning out the whole Song dynasty government that introduce and adjust the law of the women’s inheritance rights.From "history" point of view,the legislative process of establishing women’s inheritance rights in the Song dynasty, shows the development characteristics of women’s rights during the period of the Song dynasty.article believe that,from this legislation,the song government’s attitude towarding clan women’s inheritance rights, had made considerable progress as a whole than in the past. Whether maidens,traceably women in her own clan,or married women, widows in the the husband’s clan,governments all gave them varying degree of legal protection.Of course,the legislative results, was the inevitable outcome of all clan women’s own development,or the "national will" work reflect,which has yet to be carried out in-depth studies on the spirit.Chapter three,"Degree of implementation of women’s inheritance rights in the Song dynasty".From selecting judicial practice point,author specific investigates married women’s right of disposing trousseau using six historical cases,the married women’s inheritance rights in the clan without sons,women’s inheritance rights in a huge amount of property,second wife’s inheritance rights,divorcing women’s inheritance rights,and testament with women’s inheritance rights. Through the historical interpretation and historical analysis,this paper argues that, in real life,the limits of authority and the share that in the female property inheritance rights in Song Dynasty clan are not in same degree,although through the judicial practice to achieve;the level of judicial and legislative is not consistent and there is a gap.In particular, in a male sovereign society and the traditional clan structurc,"to bear taxes" idea of the state and the government financial management strategy,the political fashion of "advocating literature" and the officialism of "Heresies stir in",they are restricting the Song Dynasty female clan property inheritance rights to truly realize.Chapter four "Conclusion".It is mainly based on the above research to explore the historical truth of the female in Song dynasty clan which realizes property right of inheritance and summarizes some experience and enlightenment for modern women to seek liberation and realize the freedom and equality.