The Change Of Women's Marriage Rights In The Late Qing Dynasty And The Early Republic Of China

With paternity and manus as the governing core of Chinese feudal family,the living of females was basically limited to their families.Thus,the issues were almost reflected in marriage,inheritance and so on.The author try to find out the appearance and characteristics of the change of feminine marriage rights,and the rule of the changing through studying the changes of the marriage law.Then the author analyzes the historic motivation of the change of feminine marriage rights,simply.This paper can be separated into five parts with about 25,000 words.Part I.Introduction.The purpose of the author's selection and the basis and selected materials of this studying are included,as well as the current situation of this theme and the methods of this studying.Other contents are described in this part,too.Part II.The studying of the elements that made a marriage effective legally in civil law during the period of late Qing Dynasty and early Republic of China.The bases include legislation and the cases Dali Court judged or interpreted.The author shew explicitly the trends of the changes of feminine rights in marriage laws and regulations through analyzing the marriage legislation and the interpretation by courts in different times.Part III.Showing the main manifestation of the changes of feminine rights in marriage by analyzing specific cases.The author pays much attention to the right to make decisions when females face marriage.The author elaborates how laws protect the feminine rights in marriage in the three phases of marrying,divorcing and remarrying.Part IV.Analyzing the right to make decisions in the changes of marriage institution in early Republic of China.The marriage laws of early Republic of China began to attach importance on reforming feminine rights,effected by many different forces,which included extra circumstances and the need to seek breakthrough of law itself as well as the effects that traditional customs had on legislation.However,because of historical limitation,those forces were advanced with default,working out different influences on the progress of the feminine marriage law.Part V.Conclusions.Making comments on the changes.On the one hand,the progress of society improve the one of governing marriage with law.On the other hand,the traditional forces limits the gain of right of self-determination in marriage for women.Chinese feminine rights of self-determination in marriage make progress with back and forth.