Research On The Concubines Property Rights In The Period Of The Republic Of China(1912-1949)

Through the study of the property rights of concubines in the Republic of China,the complete pedigree of Concubine's property right is formed.At the same time,the basic classification of the right of control and the right of claim in civil law is introduced,the right of concubine to private property,the right of concubine to family property,the right of concubine in the inheritance of filthy is classified as the dominant property rights,The right of support and property rights at the time of dissolution of the relationship with the husband are classified as the request property rights.Through this classification,we can see that concubines can only have complete control over private property,and other dominant property rights have many restrictions,Concubine's request property right to protect the basic survival of concubines.Therefore,concubines still have a strong personal reliability.To observe the attitude of judicature to the property right of concubines,we can find that there are two basic ideas:first,is insist on Monogamy,This is manifested in the concubine's property rights is that concubines can never be compared with the wife,can not enjoy the wife based on her identity.In the period of Beiyang government,concubines could not establish their inheritance rights,and the legal inheritance rights of concubines to their property during the period of Nanjing National government were also based In the inheritance of family property,the intention of the DaliYuan is to completely abolish the rights of concubines in heirs and abolitionist,but only out of consideration for the actual support of concubines and the inheritance of property,but also in the system design to give concubines in the family meeting important position,the only to give concubines and wives have the same rights of the exception is in the same filthy inheritance matters.Second,to protect the basic living conditions of concubines.concubines have complete ownership of private property,and ensure the realization of the right of concubines to be support,in the period of Nanjing National government concubine can have a certain inheritance rights to the property based on the right to raise support.In addition,whether in the period of Beiyang Government or the period of Nanjing national government,concubines as long as one of the family members,the support of concubines is the heirs of the estate and other relatives of the parents of the legal obligation.In the way of maintenance,the two sides are encouraged to consult,and if the consultation is inconsistent,judicial decisions can be requested at any time to protect concubines from support.In the period of the treatment of Concubine's property right,the Justice of the Republic of China consciously uses the holistic thinking and integration of the integration of reasonable law,which makes the decision result of the case fair,legitimate and acceptable.