Women’s Property Right In Choson Dynasty

In the year of 1392, The Choson Dynasty replaced the Koryo Dynasty and began to rule over the Korean Peninsula until 1910. During the about one thousand years,both the human environment and social conditions of the Korean Peninsula had changed. The Korean Peninsula is an important part of Chinese system all the time and accepts most Confucianism except China. Although the Korean Peninsula is known as "Xiao ZhongHua",Confucianism didn’t spread very smoothly. And "Huahua" and local custom didn’t reach a compromise. But the legal system of the Choson Dynasty directly transplanted the Daminglv as its basic code. At the same time,it diversified and changed, being adapted to local culture and the degree of Confucianism. The women’s property right embodies this characteristics particularly.Women’s property right is very complicated in the Choson Dynasty,so I choose the sources of property to discuss it. According to the articles of the Choson Dynasty’s law and The Annals Of The Choson Dynasty, the women got their property mainly from marriage portion and inheritance. As to marriage portion, this article researches on whether the women in the Choson Dynasty had it or not at first and we get a yea-saying answer. Secondly, we demonstrate the custom of giving a large dowry to daughters through the cases in The Annals Of The Choson Dynasty. At last, we get a conclusion that a large dowry plays an important part in the marriage. Also the marriage portion is her first independent property when she got married.Women’s inheritance right in the Ming and Qing Dynasties is very different from the Chosun Dynasty. Whether the Chosun Dynasty’s women can inherit property form her parents’ home and her husband or not is two different questions. Women all can inherit her parents’ heritage with her brothers in all kinds of inheritance ways. Compared with the Koryo Dynasty, this right has reduced. Fortunately,women’s inheritance right is not only recorded in the law,but also protected in the judicial activities. Moreover,this property is independent form her parents and husband. She is able to manage it by herself.However,women can hardly inherit their husbands’ heritage. She only can use it instead of disposing it. Although the government allows women to have the right of inheritance in some special circumstances in view of taking care of widows, the right is restricted.There is big difference in women’s right of inheritance based on blood between the Chosun Dynasty and the Ming and Qing Dynasties. The reason is the unique marriage custom in the Korean Peninsula-"Shuai Xuhun". After they get married, they begin their life and bring up their children in the wife’s house. Not until their children grow up,they don’t come back to husband’s home. And this is not related to patriarchal clan system. The custom comes to change as the policy of "Huahua"implements and Zhuzi Parental Instruction is put forward. At last,it is combined with "Qin Ying",becoming"Ban Qinying".As Confucianism becomes more and more important in the Chosun Dynasty, the concept of "chastity is the most important thing rather than life" begins to affect the whole society. Obeying this concept, executors allow widows to inherit their husbands’ heritage in order to survive their life in condition that they live in widowhood. But this practice is a violation of the law of things. The ethical judicature is accord with the optimum condition of the law is combining legislation with human sympathy.The lawmakers and law-executors mixed the law with ethics and custom after they transplanted the Daminglv as its basic code in the Chosun Dynasty.This way is unique and suits the society. And it is helpful to utilize it in our modern society.