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| From Object to Subject: Changes in Women's Marital Rights at the Early Nationalist Period Using Resolution Cases of Marital Disputes Handled by the Da Li Yuan |
| XU Jing-li |
| School of Law at the Guangdong Institute of Commerce, Guangzhou 510320， Guangdong Province, China |
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Abstract In traditional marriage system and practice, women were not subjects but only objects as they were assigned to their subordinate marital status in marriage agreements and forced to perform their duty in the implementation of marital agreements. In dissolution of marital agreements they were the targets of parents at either side, which did not change in the Civil Code of the early Nationalist period. However, the Da Li Yuan at the time was under the influence of western philosophy underlying the practice of civil code and the women's movements in the country and started to change its interpretation of the Effective Section of the Current Law on Civil Affairs in judgments, which indicated the rise of women's marital rights in a shift of their position from being the object to the subject of marriage.
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2011, Vol. 0 
