近代中国女子继承权确立过程论析:革命与法律的二重奏

Combined Effect of Revolution and the Law on the Process of Realizing Women's Inheritance Rights in Modern China

传统中国的女子继承权非常薄弱,直到清末民初也未得到实质性的改善。国民革命开始后,女子继承权作为男女平等的一项重要内容受到重视。妇女运动决议案承认女子有继承权,但最高法院在解释中只将继承权赋予未出嫁女子。后来中央政治会议对此进行纠正,特别制定了《已嫁女子追溯继承财产施行细则》,保护已嫁女子继承权。近代中国继承领域男女平权的实现是革命与法律相互作用的结果。

Women＇s inheritance rights were very weak in traditional China, and until the end of the Qing and the beginning of the Republic of China, there was no substantial improvement. Since the start of the Nationalist Revolution, women＇s inheritance rights have been taken seriously as an important component of promoting gender equality. The women＇s movements have resolved to recognize the legitimacy of women＇s inheritance rights. The Supreme Court, however, adopted the interpretation that women who had not been married had access to inheritance. Later, in order to correct this resolution, the Central Political Council issued The Details of Enforcement Rules in Tracking Married Women＇s Inheritance, in particular, to protect married women＇s inheritance rights. In modern China, The realization of equality in inheritance rights between men and women is the combined effect of revolution and the law.