民初女性民事权利变迁考析-法学专业毕业论文.docxVIP

1 1 2 2 Abstract There is no statutory legal code for daily life in early Chinese republic as turbulent political environment, instead, civil part of law of late Qing dynasty was still in use. Women’s civil right, in this period, didn’t change on legal texts since Qing’s law didn’t change a lot from Chinese customary law. Is there really no change on women’s civil rights from old days to early Chinese republic? If is, how it change and what is the change compared to old days? From the mind to explore development on women’s rights in early Chinese republic, the author read a lot civil judgments on “relatives”and“inheritance”of highest judicial organ, Daliyuan, and try to answer above questions with research of women’s personal rights and property rights in Daliyuan’s cases in early Chinese republic, as well as social background at that time. This article consists of introduction, text and epilogue. The introduction is composed with origins of this topic, topic’s academic history, introduction of article’s innovation, research materials and research methods. The text is composed with three points. First, the foundation for change of women’s civil rights in early Chinese republic, especially the foundation of politics, legislation, economy and ideology. There is a specific base of of politics, legislation, economy and ideology for women’s civil rights changing at that time: the Chinese republic government is in republic form abolishing the feudal system which has last for more than two thousand years, the following Beiyang Government did several constitutional legislation to consolidate democracy republican system, the development of free capitalist economy and spreading of western advanced thought with political change of legislation, therefore, women’s daily civil rights were respected. Secondly, main context of changes of women’s civil rights in early Chinese republic. Starting from civil judgment of Daliyuan, the author analyze civil judgments of relatives and inhe