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| Establishing the Principle of Equality between Men and Women in the Modern Chinese Civil Law: Based on Changes in Women's Legal Status |
| XU Jing-li |
| Law School at the Guangzhou University of Business Studies, Guangzhou 510310, Guangdong Province, China |
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Abstract The establishment of principle of equality between men and women in contemporary civil law has experienced a spiral process because of the lack of a tradition of natural law and the idea of equality in Chinese society.The "Draft of Civil Law of the Qing Dynasty" established the women's independent legal status by first breaking through the limitations of the traditional legal system. Before even getting to its implementation stage, the Draft rescinded and went back to the position of the " Civil Component of the Present Criminal Law ". However, the Dali Court during the early era of Republican China frequently applied progressive stipulations on Women's rights in the "Draft of Civil law of the Qing Dynasty " in concrete trials and enhanced women's legal status by the way of judicatory judgments. The "Draft of Civil law of the Republic of China" developed further by absorbing the progressive judicatory judgments of the Dali Court. Finally, the "Civil Code of the Republic of China" established the principle of equality between men and women.
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2012, Vol. 0 
