On Inheritance Right Of Women In Rural Area

In the majority of rural areas, we can see the gap between the law and legal implementation, inheritance rights of women often suffered violations because of the impact of the old idea, weak legal consciousness and the existence of rural family organization in some extent. It is easy to find that married daughter had few back to her parents in order to claim their inheritance rights. Since the law clearly defines equal inheritance rights between the sexes, such provisions are very favorable for women, so why this inconsistent between the legal provisions and law effect still appear? To this phenomenon, most scholars seem to use it as an example in the discussion of the folk habits or investigation of history, while little inquiry in the angle of law for its effect. Therefore, this paper both illustrate the connotation of equal inheritance statically, and describe the reality accurately by the empirical survey’ data, attempts to analyze currently inequality in inheritance rights between men and women in rural areas, also discuss whether there is the problem of inheritance rights between the sexes in practice, then reflect inheritance principle of equality in our country from the angle of law effect, and puts forward related suggestions to improve the rural women’s inheritance rights.This paper is divided into three chapters in addition to preface and conclusion.In chapter one, the author will analyze the differences of the property inheritance system between reality and the current law with social investigation report (the report about the status of women in our country and Fujian Province), then summarize the problems.The second chapter, this paper will investigate the cause of the disparity between the law and reality in equal inheritance rights through the instance description, then resolve this issue from aspects of the historical traditions, economic and women’s own quality, etc. The third chapter is the reflection on the problem of rural women’s inheritance rights, that the conflicts between the enacted law and customary law. Some phenomenon in current rural status developed in accordance with national law does not necessarily explained through the logic. For example, we generally accept the custom of married women living in husband’s family and single inheritance. Also, due to sons take on more responsibility to support their parents, married daughter rarely undertake their obligation, this makes the conflict between the legal provisions and law effect in inheritance rights. So, we should reflect this problem of gender inequality in inheritance rights, in the hope of putting forward suggestions for improvement on this basis.