民国时期男女平权立法之研究——以夫妻财产制为视角

On Legislation of Equal Rights of Men and Women in Republican China

"男女平权"是民国时期移植西方法律的重要立法原则,在内容上以夫妻财产制为例,其具体落实于1925年北京政府制订的《民国民律草案》和1930年南京国民政府制订的《中华民国民法·亲属编》中。前者中的夫妻财产制致力于体现男女平权的立法态度,而后者的联合财产制则融合了中国传统法律文化和西方平权思想,明显地偏向于夫权。就实效性而言,1930年亲属法中的夫妻财产制更彰显了立法者力求使所移植的法律制度适应于中国当时国情的考量。

The idea of equal right between men and women derived from the West is the essence of law during the period the Republic of China. A case in point is the Rule of Man and wife Property, whose spirit is presented specifically in 1925 Civil Law Draft and 1930 Republic Relative Law. While the Rule of Man and Wife Property in the former is committed to indicate the legal position of equal right between men and women, the Rule of Ally Property in the latter merges the Chinese culture of traditional law and the Western idea of equal right, with preference to the male right. Based on the actual effects, the Rule of Man and Wife Property in 1930 Republic Relative Law is a better reflection of the legislators＇ effort to make the derived legal system in conformance with the situation of the country.