The Research On The Evolution And The Modern Thinking Of Women's Right To Inherit Property In Ancient China

From the Pre-Qin Period before the establishment of feudal society to the late qing dynasty and early republic of china the turning time of modern legal system,women were always passive and obedient in our ancient society.Together with the influence of feudal patriarchal concept,the property right was limited all the time.The marital etiquette system gave women trousseaux property with the system of primogeniture in the Pre-Qin.The laws established preliminarily trousseaux property right and property right of inheritance for women in the Qin and Han Dynasties.The ancient women's right to inherit property developed to the pinnacle in Tang and Song Dynasties,not only the laws about the women succession identity?portion and testamentary succession?the government interference were more perfect,but also judicial practice guaranteed women's right to inherit property.Along with the women's right contents of property inheritance were reduced in the Yuan Dynasty and the conditions of inheritance were limited strictly in the Ming and Qing Dynasties,the ancient women's right to inherit property went downhill gradually.With the western legal thought broadcasting and the emergence of domestic woman's rights thought in the late Qing Dynasty and the early Republic of China,the laws established the first order of succession for wives and made it clear that daughters had the property inheritance right whether get married or not and so on,the ancient women's right to inherit property began to establish truly.Throughout the whole course of development,the women's right to inherit the property in our country had been always subject to the male chauvinism.With affected by the small-peasant economy?Confucianism?culturel policy?rich dowry custom and feminist thought and so on,it have the characteristics of slow change?long duration and intense repeatability,and is the important reason for the problem of modern womens' right's practice to inherit the property.Now our laws pay much attention to the women's right and establish relatively perfect legal regulations,but in the practice the protection of women's inheritance right still isn't optimistic.This paper researches the practice of current women inheritance in our country,and claims the modern system of inheritance follows that ancient society established women's right of inheritance at the core principles of the relationship of degree of kinship,meanwhile develops to establish the principles of the equal inheritance of men and women and the first order of succession for wives,realizing thenew development of women's inheritance right.Furthermore this paper reveals the problems of the practice of current women's inheritance with real cases:the missing of rural women's rights of inheritance,the remnants of feudal concepts infringement women's rights of inheritance and so on,and try to propose to perfect rural collective land allocation system,draw up draft of rural family property distribution,strengthen the publicity of the law and so on,hoping to promote the protection of women's rights of inheritance.The remnants of old culture and feudal concepts are the chief obstacle that split the current laws and the practice for women's inheritance,from the perspective of women inheritance's history and current legal practice.We should strengthen the researches of the practice of women's property right.First,we should set up the consciousness of cultural and conceptual guidance,get rid of feudal remain thoughts and correct wrong concepts gradually to create the cultural environment and the atmosphere of the rule of law for achieving women's property right really.Second,we should take drawing lessons.For one thing we can excavate the history of women's inheritance from different angles and levels,to explore the origin of inheritance system and apply it to the practice of women's property right.For another learning historical theories?practice methods and so on from experiences of foreign inheritance system,we can apply it to promote the practice of the protection for our country's women's property right based on the application of our law.