Research On Female Inheritance In The Republic Of China

It had a long tradition carrying on the family tradition with male blood relatives carrying on the heritage,and the property inheritance relied on the ancestral carrying on,so women were excluded from the inheritance.In the late Qing Dynasty,with the opening of the country door,the economic structure began to change,western culture and ideas were widely spread,and the voice of equality between men and women was increasingly raised.As a result,the society underwent all-round transformation,which also opened the curtain of legal modernization.Beginning with the revision of the Qing People’s Law draft and ending with the enactment of the Civil Law of the Republic of China,the establishment of women’s right of inheritance has gone through a repeated and tortuous process of law revision.But the progress of the improvement of the law is not equal to idea,law to achieve actual effect,must be integrated into the existing social structure,Chinese social structure and the period of the republic of China,whether in politics,economy,or the overall social and cultural value orientation,has not changed radically,ahead of the law is not synchronized with the realistic society,makes the inheritance rights and interests of women’s actual judicial practice is not as pure as legal norm established directly,but present a complicated state,indicate that the judicial organs between traditional and modern,trying to find the balance between law and social practical,so as to make the new law would be able to implement,There will be no major social unrest.This paper is divided into introduction,text and conclusion.The text has four parts:The first part summarizes the traditional social inheritance system,respectively from the basic form of the traditional inheritance system and the characteristics of ancient women in property inheritance.This chapter aims to pave the way for the following chapters and lay a foundation for a clearer understanding of the evolution of women’s inheritance rights in the period of the Republic of China.The second part analyzes the evolution process of the legislation system of women’s inheritance right and details the legal provisions of women’s inheritance right from the draft civil law and then shows the characteristics of the evolution of the inheritance system.The third part takes women’s inheritance rights in practice as the clue,analyzes the changes of women’s inheritance rights in different status in the judicial practice in the Dali court and the Supreme Court,and summarizes the characteristics of women’s actual inheritance rights in each period.In the face of the advanced law,the judiciary adopts the method of combining the traditional inherent law with the western civil law by quoting the folk customs and ideas,and strives to achieve the balance between the two.Therefore,the actual inheritance rights of women in this period also presents a complex and changeable state.The fourth part is a comprehensive analysis of the changes of women’s inheritance rights in the whole period of the Republic of China.This paper focuses on the evolution of the modernity of the inheritance system norms,the equal color of the inheritance system concept,the helpless opposition of the judicial practice to the system concept,and the identity differences of the inheritance system.By observing the evolution of the legislation and judicial practice of the female inheritance system in the period of the Republic of China,we will find that the implementation of the advanced system concept in the actual judicial practice needs compromise and coordination,and the deviation between the two is inevitable in the historical development.We can not judge whether the law was backward or not from the perspective of modern people,but should draw lessons from history,so as to provide reference for today’s inheritance legislation Legislative reference and practical samples.