Analysis And Research On Changes Of Women’s Civil Rights In Early Chinese Republic

There is no statutory legal code for daily life in early Chinese republic as turbulent political environment, instead, civil part of law of late Qing dynasty was still in use. Women’s civil right, in this period, didn’t change on legal texts since Qing’s law didn’t change a lot from Chinese customary law. Is there really no change on women’s civil rights from old days to early Chinese republic? If is, how it change and what is the change compared to old days? From the mind to explore development on women’s rights in early Chinese republic, the author read a lot civil judgments on “relatives” and “inheritance” of highest judicial organ, Daliyuan, and try to answer above questions with research of women’s personal rights and property rights in Daliyuan’s cases in early Chinese republic, as well as social background at that time.This article consists of introduction, text and epilogue.The introduction is composed with origins of this topic, topic’s academic history, introduction of article’s innovation, research materials and research methods.The text is composed with three points. First, the foundation for change of women’s civil rights in early Chinese republic, especially the foundation of politics, legislation, economy and ideology. There is a specific base of of politics, legislation, economy and ideology for women’s civil rights changing at that time: the Chinese republic government is in republic form abolishing the feudal system which has last for more than two thousand years, the following Beiyang Government did several constitutional legislation to consolidate democracy republican system, the development of free capitalist economy and spreading of western advanced thought with political change of legislation, therefore, women’s daily civil rights were respected. Secondly, main context of changes of women’s civil rights in early Chinese republic. Starting from civil judgment of Daliyuan, the author analyze civil judgments of relatives and inherit parts, investigating changes of women’s personal rights and property rights in early Chinese republic. From studying of judgment of relatives part, woman has the autonomy in the process of marriage. They have the right to request their husband to live together, the right to request divorce, and more legal reasons to request divorce. From studying of inherit part, woman has the rights to adopt and inheritance, which enough to show the dramatic changes. Compared to old days, woman’s right on marital autonomy, equivalence of wife and husband, and property right in family have deeply developed. Thirdly, this article mainly analyze the impact on legislation in Nanjing Government from changes of women’s civil rights. Confirmation on women’s civil right from Daliyuan’s cases and legislation in Nanjing Government provide legal practice base.The author believes there are drastic changes on women’s civil rights in early Chinese republic, and Daliyuan’s cases play a key role during this period in the epilogue part. Moreover, Daliyuan’s cases. which confirm women’s civil rights provide legislation base for legal codex of Nanjing Government.