20世纪我国女子继承权发展述评——兼论法律意识与法律之辩证关系

Remarks on Women's Heirdom in the 20th Century--On the Dialectical Interaction Between Legal Awareness and Law

20世纪我国女子继承权有巨大发展。女子继承权的确立实现,以宗祧继承、诸子均分,家长制 与家庭财产共有制的废弃为条件。以双系继承和男女平等继承、个人财产制的确立为基本内容。法律意识之 超前与滞后,法律漏洞和空隙的存在,与家庭财产共有制的存留相结合使女子继承权大打折扣。

Chinese women's heirdom has been greatly developed in the 20th century. Its establishment and realization take the way of discarding men's ancestor only, division equally among sons, patriarchal system and common ownership of household property as the condition. Meanwhile, double lineage inheritance, equal inheritance between the sexes, and establishment of individual property have become the basic content. Chinese women's heirdom has been greatly distorted clue to legal awareness surpassing and backwards, legal loophole and space existing, common ownership of household property remaining.