On The Concept Of Female Property Inheritance In Jiangnan During The Ming And Qing Dynasties

The Ming and Qing dynasties were the two dynasties where feudalism in China reached its peak.In this era,with the change of society,the concept of female property inheritance has also undergone drastic changes.The concept of women's inheritance of property in the Ming and Qing Dynasties was a mirror of women's social status during this period,which can reflect the basic outlook of Chinese society at that time.The Jiangnan region is the most prosperous economy and the most prosperous region in the Ming and Qing dynasties.This article studies the concept of female property inheritance in the Jiangnan region during the Ming and Qing dynasties,and finds out the literary materials and judicial practice of the concept of female property inheritance in the Jiangnan region during this period.The reasons for the formation of the concept of women's property inheritance,and reflections on it,explain the characteristics of the public's thinking on this issue and the root of this thinking habit,in order to solve the problem that the legal provisions of women's property inheritance are disconnected from the actual situation.To understand the concept of property inheritance,we must first understand the changes of the property inheritance system.This kind of change is complicated.During the Spring and Autumn and Warring States Periods,the etiquette collapsed,wars were frequent,social turmoil,large countries annexed small countries,chaos in the same room in the country frequently occurred,and aristocratic rule tended to decline.In order to maintain the stability of the farming society and centralized power,the ruler divided the inheritance into a coexistence of identity and property inheritance.This kind of property inheritance that is independent of identity inheritance includes the principle of inheritance of property that the father and the son are united,the husband and wife are united,and the brothers are evenly divided.These principles show that property inheritance is dominated by men.Property inheritance first considers the property rights of men,secondly considers family interests,and finally women's property rights as individuals.The concept of property inheritance in ancient China was deeply influenced by the patriarchal system.The Ming and Qing dynasties were the last two feudal dynasties in China,and the deepening of centralized power also led to the rigor of the female inheritance laws.During the Tang and Song dynasties,maids in the family could inherit family property in whole or in part,but in the Ming and Qing Dynasties,this inheritance was based onthe absence of the same nephew or illegitimate child.The Qing Dynasty even established a system of one child and one concubine,and the possibility of inheritance of property in the case of a maid or widow was further reduced.However,the concept of inheritance of women's property in the south of the Yangtze River in the Ming and Qing Dynasties reflected in judicial precedents and literary materials contradicts the law.In judicial jurisprudence,although the law has made explicit provisions,the judges will relax restrictions on the inheritance of women's property based on customs and their own concealment in the Jiangnan region.The contradiction between this legal provision and the judicial case is the study of the Ming and Qing dynasties.A key point of Jiangnan society's concept of female property inheritance.When these women's rights are violated,they directly or indirectly fight for the right to inherit property through litigation,which shows that the judicial decision in Jiangnan is in line with local customs.In analysing this issue,the judge's decision in litigation cannot be viewed as discretion but as the will of society as a whole.After comparing the laws and rules of inheritance of women's property in the south of the Yangtze River between the Ming and Qing dynasties and the Tang and Song dynasties,it can be found that the contradiction between this kind of law and actual rulings is particularly obvious in the Ming and Qing dynasties.Through various studies,we can see that the reason why Jiangnan society in the Ming and Qing dynasties had a tolerant attitude to the inheritance of women's property was inconsistent with the law.Since the Ming Dynasty,the budding of the commodity economy in the Jiangnan region has promoted the prosperity of towns.The flow of the economy has broken the traditional network of interpersonal relationships,making connections between people complicated.And under the influence of the economy,the pragmatic thinking began to prevail,and people became pragmatic,rather than being bound by the nihilistic etiquette.Through the dual drive of economy and ideology,Jiangnan in the Ming and Qing Dynasties began to respect women's labor value and appreciate women's property,which undoubtedly improved women's social status.These are the reasons why the concept of inheritance of women's property changed in the Jiangnan area during the Ming and Qing Dynasties.Finally,based on the foregoing,the reasons for the concept of inheritance of women's property in the south of the Yangtze River in the Ming and Qing Dynasties and the conflicts between the current legal provisions on inheritance of women's property and the actual inheritance situation in reality are viewed from multiple angles.The inheritance of women's property is the epitome of women's status in the family.Theconcept of inheritance of property is not only affected by the feelings of the calf,but also easily influenced by the concepts in the surrounding environment.The emergence of this concept is not sudden or accidental,but gradually accumulates with the passage of time and gradually penetrates into the hearts of the people.Research on the concept of inheritance of women's property in the south of the Yangtze River in the Ming and Qing dynasties can help solve the problem of women's inability to obtain equal inheritance rights in real life.