疏离与回归:女性继承权的制度建构

Separation and Return: System Construction of Women's Right of Inheritance

女性继承权的制度建构,经历了性别平等逐步消解性别歧视的社会发展进程。原初社会女性神圣及诸子均分德性的道义判断,使女性继承权的初始享有占得先机。而男尊女卑、嫡长子继承制的确立与深化,使女性继承权遭遇排挤与遮蔽,引发女性继承权与性别平等的继承权以及崇男抑女的男性继承权的道德疏离与制度疏离。只有重塑人格平等、意思自治、弱势关怀、社会本位的价值基础,才能建构社会性别平等的继承权制度体系,并在继承观念的矫正与继承立法的干预下,实现女性继承权的回归与保障。

The system of women＇s right of inheritance has been constructed as the concept of gender discrimination substituted with gender equality in the society gradually. Women had the right of inheritance due to the female godhead and moral judgment to distribute equally among the offspring in the primitive society. However,women＇s right of inheritance was excluded and veiled while it was believed that man was suprior to woman and the system that the oldest son had the right to inheritate was set up and developed,which caused the moral and institutional seperation among the women＇s right of inheritance,right of inheritance of gender equality and men＇s right of inheritance to respect men and constrain the women. In order to construct the system of right of inheritance with the gender equlity and realize the return and protection of women＇s right of inheritance by the correction of inheritance concept and intervention of inheritance legislation,we have to rebuild the value basis of personality equlity,autonomy of will,care for disadvantaged group and social standard.