The Research On Women's Litigation In Qing Dynasty

The Qing Dynasty was the last feudal dynasty in China.Its monarchical autocratic centralization system reached its peak.As well,it was the peak of China's feudal social and economic development.These two points have a profound impact on the status and life of women in the Qing Dynasty,and also made some significant characteristics in the women's litigation activities in Qing Dynasty compared with the previous generations.In order to explore the characteristics of women's litigation in the Qing Dynasty,as well as the changes of women's legal status and social status in the Qing Dynasty,this paper intends to thoroughly investigate the litigation activities of women,especially the changes of it in the Qing Dynasty through the compilation and analysis of a large number of archives,and historical materials.Besides,the article also intends to classify them in order to investigate the litigation activities of women in the Qing Dynasty.This article is divided into six sections.The first section is the introduction.This part clarifies the reason for this topic,and sorts out the research status.This study starts from two perspectives of the study of the legal system of the Qing Dynasty and the study of women's history,and comprehensively makes reference to the research results of existing legal system,judicial trial system and litigation system of the Qing Dynasty,as well as women's legal status,property status,marriage,family life,society economic life and women's litigation.In addition,this paper defines the concepts of "women" and "litigation".The second section expounds the development of Qing society and the legal status of women in Qing Dynasty.The Qing Dynasty was an ancient dynasty which connected the preceding and the following.It was the terminator of the feudal dynasty and the pioneer of modern society.In this background,the social life of women,who account for half of the population,not only carries the customs of the past society,but also presents new characteristics because of facing the new era.Laws of the Qing Dynasty were the masters of decree and the pioneers of the modern legal system.For an ordinary woman,the "quasifive-servicing crime" in the law guarantees her privileges to the humble relatives on the one hand,and on the other hand,makes her submit to her husband and superiors.The government restricts women's litigation rights,but also grants women the penalty privileges of foreclosure.The third section expounds the legal provisions of the women's lawsuit in the Qing Dynasty.In ancient society,the ruling class and scholar-officials generally believed that women participated in litigation were incompatible with etiquette and ethics.Therefore,in the litigation law and actual litigation,women's litigation was strictly regulated.This section mainly analyzes the provisions of national laws and regulations on women's litigation in the Qing Dynasty from the aspects of legal texts,including notices and proxy letters,release and approval,trial and execution,and appeals especially capital appeals.The fourth section expounds the main categories and case analysis of women's lawsuits in the Qing Dynasty.This paper classifies the collected cases of women's lawsuits in the Qing Dynasty into six main categories which are marriage lawsuits,family lawsuits,inheritance lawsuits,money and debt lawsuits,homicide lawsuits,and other lawsuits.Each part is further subdivided as: marriage litigation divided into main marriage rights disputes and remarriage disputes;family property litigation divided into family property inheritance disputes,family property disposal disputes and seizure family property disputes;money and debt litigation divided into civil commercial disputes and private debt disputes;litigation involving family members is divided into general and special cases.The fifth section expounds the characteristics of women's litigation in the Qing Dynasty.The main characteristics are the following four points: women have become important litigation subjects;women's marriage rights have been expanded;women's property rights have been increasingly protected and women's criminal penalties have become more lenient.The sixth section is the conclusion,which is a summary of the women's lawsuits in the Qing Dynasty.This part starts from the analysis of various cases related to women's litigation in this paper,and concludes the legal and social status of women in the Qing Dynasty.