| In the late Qing Dynasty,Shen Jiaben and others initially established a legal system with distinctly modern features,based on the German and Japanese legal systems,and women’s legal rights evolved accordingly.Based on the analysis and investigation of relevant judicial archives in Qingdao during the Beiyang government period,women’s participation in judicial litigation in the middle and early Republic of China has become the norm in social life.According to the litigation scenes presented in the archives,women in Qingdao have their own methods and life trajectories in their daily lives,and they do not have fear in the face of the solemn court,on the contrary,they actively cooperate with the court work and resolutely defend their rights and interests;They have a relatively flexible and reasonable trial mechanism,which includes a reference to traditional Chinese etiquette concepts,although this model can not help women completely get rid of the shackles of the old society,but it can ensure the legitimacy of the ruling,and can maintain a good family atmosphere and social order as much as possible.The litigation scene composed of women and judges reflects the complex social situation in the middle and early Republic of China,and also reflects the characteristics of diversified and flexible judicial trials in this period,in which the legal spirit of traditional society and modern judicial mechanisms work together,and strive to conform to the actual development of society.Women will still be restricted by traditional society under the modern judicial litigation mechanism,mainly because the pluralistic logic of the coexistence of "love,reason,and law" in traditional Chinese legal culture has not disappeared with the end of traditional society,it still exists in and integrates with modern judicial trials during the Republic of China,and this litigation picture further shows the historical situation of modern Qingdao society hesitating between traditional and modern models. |
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