A Study Of Female Litigation In Southern Sichuan Counties In Qing Jiadao Period

In the transitional period of the Qing Dynasty,the female lawsuit cases based on the Nanbu Xian Ya Men Dang An in Qing Dynasty provide a valuable and diversified sample for the study of the social and historical situation at that time.It makes up for the lack of discussion on women's living conditions in the grassroots society and the difficulty in establishing a link between women's history research and legal social history research in the traditional study of women's history in Qing Dynasty.The legal system and society in the Qing Dynasty were shaped by the written law and the clan law.Women were in the dual status of the State governing the people and the clan members.Naturally,they were affected by both the national written law system and the clan law system.The written law system of the Qing Dynasty stipulated the basic rights and status of women,which provided the basic basis for the judicial practice of the grass-roots society,and also provided the general logical context for the operation of the macro power order.The erosion of women's legal rights by patriarchal customary law challenges the authority of public power to a certain extent,and also causes many civil disputes in grassroots society.The infringers in women's litigation cases are often clan members.Women have to break through the private relief within the clan and seek to obtain public relief through litigation,so women's litigation cases have become the game place between public power and private power.In the process of grassroots social governance in Nanbu County,the existence of women's Rights reflected in women's litigation cases is more like a "reservoir".In order to achieve the lowest cost of public or private power,the county government and the judicial power can compete with each other.The public and private power reached a new round of understanding through the media of women's rights,completed the exchange of interests,formed a more sustainable and stable structure of checks and balances,and repaired the traditional power order.In order to cope with the new social changes in Jiaqing and Daoguang period,it is precisely following this deeper and more essential power logic,through continuous grass-roots judicial practice,and finally in the macro scope of the whole grass-roots social governance,women are once again included in the adjusted power order formula as a controllable dependent variable.