Research On The Changes Of Daughter’s Property Inheritance Right From The Late Qing Dynasty To The Republic Of China

Under the framework of Chinese traditional law,the status of women could not always be valued,especially in the field of property inheritance.Not only did the female group of daughters not qualify for lineage inheritance,but also the acquisition of daughter’s property rights of inheritance was greatly hindered,resulting in serious gender inequality in the property right to inheritance.From the end of the Qing Dynasty to the Republic of China,with the great changes in the social politics,legal system and ideas,the daughter’s property right of inheritance began a major change from scratch,from limited to relatively complete.By investigating and combing the changes of daughter’s property right of inheritance in the legislation and judicial practice from the end of the Qing Dynasty to the Republic of China,it is found that the marked changes have occurred in daughter’s property right of inheritance.From the perspective of legislation,the progressive clauses on daughter’s property right of inheritance in several civil law compilations from the late Qing Dynasty to the Republic of China only stayed at the level of legal texts,until the official promulgation of Succession of the Civil Code of the Republic of China finally fully established daughter’s property right of inheritance.From the perspective of judicial practice,although there were compromises and conservatism to traditions when officials judged cases,they also reflected the flexibility and flexibility to adapt to the trend of the times.On this basis,this thesis summarizes the basic changes of the daughter’s property right of inheritance from the end of the Qing Dynasty to the Republic of China,such as social transformation is the driving force for the change of the daughter’s property inheritance right and modernization of law is the path of the daughter’s property inheritance right.From the historical evolution of the daughter’s property right of inheritance from the late Qing Dynasty to the Republic of China,useful experience can be obtained.It is impractical to face the new problems and new requirements of society by legislation alone.The linkage between justice and policy must be brought into full play in order to respond effectively to the diverse and open legal needs of the public.Although China has strengthened the protection of women’s personality independence and liberation and daughter’s property right of inheritance since modern times,there are still certain obstacles to the realization of daughters’ property rights of inheritance in practice.Draw lessons from past experience,that is to promote the transformation of daughter’s property right of inheritance from formal equality to substantive equality,and ensure the realization of daughter’s property right of inheritance,especially in rural areas.