Research On Female Marriage Succession System "Civil National Draft Law"

In 1925 during the reign of the Northern Government on the basis of the revised Civil Code from Western "popular national draft law", the "Civil Law Ercao", this Code is divided into "general principles, credit, property, family, inheritance," five series, which stipulates the rights and obligations of women regarding mainly in "relative, inherited " two series. Early republic of China is affected by the West,because "democracy, equality and freedom" of thought, coupled with the impact of domestic war, this draft law on women in comparison with some of the previous regulations breakthrough improvement for women is gradually emerging from the feudal society bondage, out of the family-oriented society has a profound impact. Marriage rights and obligations with regard to the provisions of women in the "Civil National draft law" mainly in three aspects: first, premarital women the right to choose a marriage, is divided into first marriage and women’s right to choose the option of widows remarry; second are married stipulate that women rights and obligations of marriage, the marriage of women into the obligations and rights of women in marriage; third divorce rights and obligations stipulated in women, the right to divorce, and divorce is also divided into two parts duty. Female provisions regarded marriage is written in the "relative" a series, which reflects the prevailing legislation or to nepotism as Standard. In addition to the rights and obligations of women in marriage has changed, and in the "inheritance" of a provision in there have been some changes in the rights and obligations of women, respectively, as the time has four roles are different, are as follows: first, as a daughter inheritance of parental property; second is the right to inherit the property of her husband after married; third rights as a widow at the time of the provisions of Making Inheritor; fourth as a "concubine" respect the law does not expressly prohibited by law. Female inheritance law does not require changes in marriage modified much, but compared with previous relevant laws also have differences. Amendment "People nationals draft law" has many reasons, mainly divided into factors of economic, political and cultural aspects of the three, each factor for changes to the draft have different effects. For each section of the draft amendments to the revised draft of the future have a profound impact and value through research "Civil National draft law" can look forward to the study of the evolution of the legal status of women has some value.