|
|
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 |
|
|
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 Before even getting to its implementation stage, the Draft rescinded and went back to the position of the " Civil Component of the Present Criminal Law ".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.
|
|
|
|
|
|
[1]朱勇.中国民法近代化研究[M].北京:中国政法大学出版社,2006. [2]谢振民.中华民国立法史(下册)[M].北京:中国政法大学出版社,2000. [3]中华民国民法制定史料汇编(下)[Z].台湾司法行政部,1976. [4]邱远猷,张希坡.中华民国开国法制史[M].北京:首都师范大学出版社,1997. [5]杨鸿烈.中国法律发达史[M].上海:上海书店,1990. [6]张生.民国初期民法的近代化——以固有法和继受法的整合为中心[M].北京:中国政法大学出版社,2002. [7]傅圣严.判例商榷(夫犯奸与离婚)[J].法律评论,197,(8). [8]郭卫.大理院判决例全书[M].台北:成文出版社,1972. [9]徐静莉.民初女性权利变化研究——以大理院婚姻继承判解为中心[D].中国政法大学博士学位论文,2008. [10]杨立新.大清民律草案·民国民律草案[M].长春:吉林人民出版社,2002. [11]张生.中国近代民法法典化研究[M].北京:中国政法大学出版社,2004. [12]史尚宽.亲属法论[M].北京:中国政法大学出版社,2000. |
[1] |
. [J]. , 2021, 0(5): 52-. |
|
|
|
|