Research On Feminine Remarried In Later Qing And Early Republican China

Later Qing the transition of Chinese society in a new era, the feudal monarchy to a republic, along with the Chinese people to study abroad, the introduction of new ideas, west traditional ideology and culture has been a certain impact, some people began to question the wifely submission and virtue, the thought of female subordination, equality between men and women, women independent thoughts began to thorough popular feeling.Feudal women began to concern the problem of women, the highest state of spiritual is to be a recognized by the society of "chaste women", change the traditional ideas of the society exert a subtle influence on impact. At the same time the new concept emerged in the late Qing and early republic law. Among various kinds of judicial documents, newspapers is also a large number of records because "married" relevant cases. This paper tries to through the study of this period "married", based on the analysis on "married" relevant cases, the women’s status is rising during this period from the side and the influence on the late transitional period."Qing dynasty" generally began after the opium war to the end of the Qing government to rule this period of time, scholars generally think that the concept of "early" including the interim government period and the period of Beiyang government, until after the revolution in the Nanjing national government was set up,in order to reform before and after "married" a comprehensive understanding of behavior.This paper consists of introduction, text, schedule, references,conclusion of five parts, the full text is divided into five chapters, and chapters main points are as follows:The first chapter from remarried concept,Which divided into three sections, the first section firstly analysis the application of the remarried situation, and the distinction between related concepts, analysis of the late Qing dynasty and early period of the remarried applies whether the same as the traditional society. The second section this paper chose the word remarried reason. Through the introduction to traditional society under remarried in the second quarter, in the late Qing and early republic women remarried for quantitative analysis. The third section mainly introduces the legislation of Qing dynasty involving women remarried.In this paper, the second chapter to four time as clues, May occur in the different stages of the women’s life carry out specific analysis on women remarried, involving social, personal, legal, the interaction of various factors. The second chapter is the analysis of engaged women remarried after, divided into women remarried after the death of her fiance situation and the situation breaking an engagement remarried, the former of controversy focus on lobola, few cases involving lawsuit, is primarily a social habits have detailed provisions; The latter property disputes, is closely related to xu married female personal relationship. The third chapter is the analysis of women remarried during the marriage, a woman in actively remarried, namely back at large had remarried, discusses the problems in judicial practice and legislative change. The other is passive women remarried, namely, fleeing women remarried, mainly analyzes the process of marble courtyard to this problem, discuss the remarried are faced with the problem and its judicial tendency. The fourth chapter is to discuss, namely the widow remarried after death. Such remarried more involving lawsuit case, this paper mainly analyzes the reasons and social changes involving lawsuit under the new remarried reason, study problems and their solutions in the judicial practice. The three chapter for this article’s main part, this part from the social phenomenon of introduction of a variety of different situations, to rise to the analysis of the law, the last such trial involving lawsuit in the judicial practice analysis.Chapter 5 to return to the theme, women remarried under the social change,thought in social change to women remarried provides how to social conditions and legal environment. And this change is how to influence future legislation.Through from social, legislative and judicial angles to analyze the social change and law under the change of women remarried relevant processing problems,remarried women know this period not only embodies the legislative changes affect the judicial practice, behind it embodies the social, individual, the laws of the mutual dynamic role.