Researching Of The Concubine's Legal Status Of The Period Of The Early Republic Of China (1912-1928)

Concubine system in China has existed for a long time.It has a long history, which has traced from the Yin Zhou to the contemporary. By the "patriarchal" and "three cardinal guides and the five permanent members" and other ethical constraint, women must stand by the men. Their social and family status and humble personality can not be independent. As the production of products of Chinese traditional marriage system in China,Concubine system has existed for thousands of years.It made women's rights of marriage be exploited very much.And it violated humanitarian and equality thought seriously.During the period of The Republic of China, in the strong westerly breeze, the traditional Chinese legal system has been strongly collided by The Modern Western legal civilization. The idea of sex equality,Personal independence and Monogamy has populared in the society gradually.Especially with the establishment of the victory of the Revolution and the Republic of China,The voice to repeal concubine system was growing.And the social status and living conditions concubine of this special group has also changed greatly.However,in modern times,China's social reformed difficultly.And Concubine Abolition is not something that can be completed.On this very important history of China in transition,Chinese marriage presented a contradictory mix of state.In this context,concubine system continued until the founding of New China.This paper takes the civil status of the concubine in the early Republic as the research object,And analyzes the early Republican concubine system into three parts:The first part describes the origin of the concubine system.From the initial group marriage to polygamy,Eventually formed a multi-monogamy concubine system.And Concubine system generated.Then,it discusses the evolution of the concubine system,from Strict wives of the points and Concubinage diverse ways.By comparing the status of wives,it reveals concubine humble family status.And paves the way for the later changes of the concubine's legal status of the Republic of China.The second part explains the background environment of the concubine's life in the Republic from three factors: the attitude of different classes of people for the concubine system;the influence of the New Culture Movement to the concubine system;The provisions of the "New Civil Code" of the concubine system.And reads the Civil legal status of a concubine in the family during the Republic of China.The last part is the focus of this article.Since the early Republican legislation system adopted an evasive attitude to the concubine system.Therefore, only study on the Civil Legal Status of Concubines in Early Republic through the judicial level,that is, the early Republican Daliyuan jurisprudence as the main basis.Since the civil rights involves a wide concubine,can't take into account.This article will describe the major civil rights concubine,Starting from concubine identity and property rights.And study the concubine's actual living conditions in the complex judicial practice during the early Republic.Since the early Republic of China is in transition,and the concubine system as a feature of Chinese traditional legal system,what transformation will take place in the infiltration of modern western philosophy?And we can learn the difficult process of the Chinese Civil Law Modernization.