The Analysis Of Song Dynasty System Of Women Property Inheritance

Influenced by the Confucian ethical code, women status in the feudal society of our country is generally low, which in the dynasties of the legal norms to be reflected. To the Song Dynasty, the commodity economy is prosperous, the legal system has developed rapidly, the formation of a more comprehensive legal system. Given the close contact inheritance rights and property rights, rulers of this is also quite concerned, so this period of women’s property inheritance legal system gradually standardized and complete, its detailed degree and the other dynasties incomparable specification, which also to study provides rich material. The article is composed of five parts:The first part describes the basic concepts related to inheritance, that is, the connotation of inheritance, the summary of the inheritance system and the similarities and differences between identity inheritance and property inheritance. The current civil law inheritance is will be inherited life before the property and related rights transferred to inherit the name of the legal act, the purpose, mainly the inheritance of property rights and the identity of inheritance is not one of them. At the same time, taking into account the low social status of women in ancient China, identity inheritance only in men between inheritance, so this article discusses the women inheritance system refers only to property inheritance.The second part expounds the main contents of women’s property inheritance system in Song Dynasty, the daughter and wives of the inheritance. Among them, according to the identity of the different daughter were in Virgo, married women and married women. A corresponding increase in for in terms of the virgin and non users of the vast, unmarried brother betrothal half of the property, such as the non brother headed Pro children but made his heir, in Virgo can obtain the share of property; and households must, in accordance with the relevant laws and regulations in the Virgo can inherit their parents all the heritage. Married women in the family has no the vast, the heritage of their parents without any right, unless the family without a male heir, no will and no in Virgo, this case was entitled to certain rights of inheritance. They were female, the right to inherit property similar to the basic in Virgo, but on the whole, less than in virgo. Wife of the dowry from the maiden bring enjoy ownership and the right of disposition and enjoy certain rights to the property of the husband’s family, the right to inspect whether the twins and whether remarried. On the property rights of the concubine, in the absence of a will can not get heritage.The third part analyzes the characteristics of women’s property inheritance system in Song Dynasty, on the positive side, the women’s inheritance rights to be expanded, will inherit the rich way, female inheritance legislation more advanced technology, strong operability, and more humanistic care. But there are also shortcomings, namely the government influence on the inheritance system and the control of deepening, the corresponding property inheritance laws and regulations are not stable.The fourth part explores the causes of women’s property inheritance system in Song Dynasty, the development of commodity economy to promote the formation of property system, the rulers provides support for women’s property inheritance system, open and progressive cultural provides protection for women’s property inheritance system, "with reasonable method" to show the humanistic atmosphere system female inheritance.The fifth part illustrates the influence of the Song Dynasty feminine property inheritance system, including the influence of the system of the Song Dynasty, this kind of influence is positive or negative, there. In addition, this period of women’s property inheritance weakens the influence of successive system, the legal system and the specific norms, for future generations to provide a written code fan.