The Research Of Inheritance Rights On "Daughter" And "Widow" In Qing Dynasty

The Qing dynasty was the last one of china’s feudal era in history, when the feudalautocratic centralization had developed to peak. In the complicated social situation,inheritance of women in the Qing dynasty also had experienced great developmentand evolution. Thereinto, the change and development of inheritance right on the“daughter” and the “widow” was especially worthy of attention. Following the law ofMing, the law of Qing also stipulated the right of inheritance on the “daughter” andthe “widow” strictly, in addition, the “neo-confucianism” also produced manynegative effects, so the legal situation of inheritance on the “daughter” and the“widow” was once tension and deterioration. However, in the actual operation, thefolk custom was showing great tolerance to them, which was different from the cruelsituation in law greatly. The obtaining of dowry rights and the rights of choice to heirrespectively made the “daughter” and the “widow” won a great victory. The strictnessof law and the tolerance of folk custom led to a great difference, which was just thelargest characteristics of the inheritance right on the “daughter” and the “widow” inQing dynasty, and which also reflects the development and evolution of theinheritance right on women in Qing dynasty. All of this was inseparable with theprotection of state and society. The protection had many sides, including thepreferential policy to the eight banners “daughter” and “widow” inheritance rights outof the interests of the maintenance level, and the previous change and development oflaw bringing the expansion of inheritance rights, of course, and finally thespontaneous practice of civil society for maintaining the reasonable space, whichindirectly brought the maximize realization of inheritance right on “daughter” and“widow”. In a word, the humble identity and the strict law had not reduced andsuppressed the realization and development of inheritance rights on “daughter” and“widow”, which not only reflects the safeguard of state and society to women’sinheritance rights in the Qing dynasty, but also reflects the continuous developmentand evolution process of property rights and social status on women in Qing dynasty.