From The Judicial Precedent, The Change Of Female Property Inheritance Rights During The Republic Of China (1912-1949)

In Chinese traditional law,women do not have inheritance,even the right of inheritance,this kind of situation continues to the late Qing dynasty.Until the period of the republic of China,with the development of equality between men and women trend,the traditional system of property inheritance under a lot of criticism,for men and women enjoy equal property inheritance calls for more and more is also high.The period of Beiyang government and Nanjing national government period,through the efforts of women finally gained some of inheritance.But the law and social reality,there must be a distance if social economic conditions and social customs,there is no fundamental change,women often unable to enjoy the rights stipulated in the law.This article attempts through the period of Beiyang government to Nanjing national government,the judicial precedents in the change of women inheritance,elaborate the republic of China since women of inheritance features in the evolution and the relationship between national law and folk customs.This paper consists of introduction,body,conclusion three parts.The text mainly is divided into five chapters:The first chapter summarizes the Chinese traditional binary parallel socialist divide-family-property research and property inheritance mode of inheritance,and to inherit the women in the late Qing dynasty the modern transition of legal system.The second chapter expounds the general situation of the legislation during the period of the republic of China women of inheritance.Women of inheritance through the current law of civil part effectively,to draft the national law of the people,the woman’s movement resolution,has married woman traces the inherited property enforcement rules,until the promulgation of the inheriting civil law,the article is officially established,along with the Supreme Court and local judicial yuan many different interpretations.The third chapter through the period of Beiyang government and related judicial precedents of digging,the Nanjing national government period women into his daughter,mother,my four female characters,classification to discuss different roles in different periods of inheritance,the period of Beiyang government to Nanjing national government period,the female of inheritance in judicial precedent change process.The fourth chapter from producing the plaintiffs in the case,the judge and the Supreme Court three angles,the period of Beiyang government and the Nanjingnational government period women of inheritance evolving characteristic of judicial precedent.The fifth chapter discusses the period of the republic of China women of inheritance development change Wen value significance of culvert,the law on women’s inheritance of the specification at the same time,because of its loopholes and defects itself makes the judicial precedents and produce some conflict.Conflict analysis to field of inheritance pattern formation,looked from the republic of China women’s inheritance evolution of national law and folk customs.