The Right Of Yao's Women And Its Transition

Yao is an ethnic minority in south China. In order to meet the hostile environments, Yao made their own common law. It was different from the law in the Androcentrism justice system on the part of women protection, especially the reasonable system of marriage and family, and the awareness of gender equality,which are worth learning. Women's rights in early stages are mainly protected customary law. After the foundation of New China, the connection between state and Yao made Yao people's life change greatly. The collision between national law and customary law created new content in system for women's rights of Yao nationality.There are four chapters in this paper: Chapter One mainly introduces research origin of this paper and theoretical starting point and it defines the definition, content,category of customary rights and the connotation of women's rights and marriage and family rights in Yao customary law. Chapter Two mainly introduces formation of women's rights of Yao nationality; its formation process is divided into two stages, i.e.,shifting cultivation and settlement; the formation reasons are objective demands of reproduction, the national consciousness of equality and mutual assistance and the legend of Yao's goddess. Chapter Three mainly introduces content of women's rights of Yao nationality, including liberty of women's marriage, equality between husband and wife, equal right of inheritance of son and daughter, duty of support and women's right of survival. Chapter Four is modern changes of Yao women's rights and it is mainly divided into institutional changes and right realization. As to institutional changes, women's right of Yao, which is recognized by national law, made the property of Yao women's rights transform from customary rights to legal rights; the category of rights is broadened from single field of marriage and family to fields of politics, economics, culture, etc., and the protection of Yao women also developed from identical protection of women's basic human rights to different special protection of women. As to the realization of rights, there are differences between national law mode and legal traditions of Yao, so the implementation of national law might meet with certain obstruction in Yao area. However, viewpoints of national law and Yao customary law are consistent in protecting women's rights, so the implementation of corresponding content of national law will be smoother in Yao area compared with Han nationality which views sons as better than daughter.