Property Inheritance System Study Of Women Under Absolute Conditions Of Households In The Song Dynasty

Looking at the ancient Chinese legislation on family property and property inheritance and the judicial practice,it is not difficult to find that in the process of separation and analysis of production and inheritance of property,it is not only an ethical orientation,but it is based on the rites and rituals in the traditional society.The concrete embodiment of the custom and inheritance system formed in the legal system has determined the basic system of family property inheritance.The Tang and Song Dynasties were the mature stages of the development of civil law and judicial systems in ancient Chinese law.Under the influence of social and economic development and the authoritarian system,the women's social status and economic status were relatively independent,although there was a small family farmer's production.Social and economic foundations,but because of the influence of the traditional social structure of "sovereignty","patriarchy" and "five rights" on the family property system,women in this context only have the right to govern and property inheritance on family property,but also Under such restrictive conditions,the right to control women's property is in a passive state.From the perspective of the socio-economic structure and the development of different social strata,the inheritance of women's family property can be linked to the current tax policy and household registration.Institutions are linked,or in the context of judicial practice at that time,explored the social reasons embodied in the female property inheritance system,that is,the time rationality of a social system and legal regulations.According to the Tang Dynasty "children inherited from the father," "the children are divided equally" [ "Tang Law Discussion" "house marriage door" in the family inheritance system of the relevant provisions.]'s inheritance principle,to the Song Dynasty further clarified the female's inheritance status,and thus in the "Song sentence reunification" and "the name of public officials sentenced Qing Mingji" these two official laws and civil jurisprudence focus on the Song Dynasty women's property inheritance related content The main expression is that women's property inheritance is mainly concentrated on the three main bodies of virgins,married women,and patriarchal women,and focuses on the inheritance of women's propertyfrom the perspective of law and local customs,but also in specific judicial practice.It is not only the "Song sentence" or other official laws to determine the family property disputes,but the specific analysis of the family property by judging the local folk customs.It is known in the relevant local county records of the Song Dynasty that the family property of the north and south of the Song Dynasty was known.The method of production analysis is completely different.Apart from the inheritance provisions stipulated by law,the northern region also combines the forms of production and customary habits of the local officials in the Northern Song Dynasty since the Southern Song Dynasty on family property development,and the social situation in the southern region in the social development of clan communities and the suppression of land merger trends.Next,the regional features and characteristics of the era of the inheritance system are more prominent.Therefore,from the perspective of the inheritance system of the female family in the Song Dynasty of ancient China,this paper discusses the ancient women in the social structure dominated by the “patriarchal patriarchal system” under the legal regulation of the inheritance system.The traditional law gives women who are relatively disadvantaged in the traditional ancient times.Legal protection under the social framework.It is mainly based on the genres of women,married women,and female ancestral women.It discusses the era rationality of women's property inheritance under the conditions of the household,and further explores the legal status given by law to women in special social subjects,especially represented by widow groups.With regard to the inheritance of women's property,this article deals with the relevant provisions of the inheritance of these four subjects in law and practice,and thus discusses the family and patriarchal society where the main features of “fighting power” and “patriarchal power” are reflected in ancient times.The legal “humanities”feature,and on the basis of this,demonstrate the local social and social characteristics of the local custom and traditional laws under the influence of the then social conditions and national policies,or explore the role of females in households from the perspective of property inheritance system.The family and social status of the family,in the family full of missing taxpayers,the law also fully protects women as the taxpayer,which is another social significance of the female property inheritance system.