冲突与协调:苗族女性继承习惯与继承权的双重探析

Conflict and Coordination: the Dual Analysis of the Inherited Customs and the Inheritance Rights of the Miao Women

我国《宪法》规定男女地位平等,《继承法》也确认男女有平等的继承权。但是根据调查得知,苗族女性继承权的实现仍受阻,传统继承习惯与继承法规定存在某种程度的冲突。通过分析二者冲突根源之所在,即传统文化与观念的渗透和影响、继承习惯与继承法移植的偏差、继承习惯效力观与继承法效力观的悖离,提出苗族女性继承习惯与继承权协调之建议,一是构建平等的女性文化,二是修正和细化现有继承制度的条款,即在限制继承条件的情况下,保留出嫁女继承父母遗产的资格,确认儿媳对公婆财产的法定继承权。

The constitution of our country stipulated explicitly that men and women is equal, and the inheritance law also regulated that men and women have equal inheritance rights. However, according to the survey that Miao female inheritance rights are still blocked, inheritance customs conflict with the provisions of the law of succession. By pointing out the causes of the conflict , that is the Infiltration and influence of traditional culture and ideas, the deviation between inherited customs and inheritance law ,the difference of effect concept between inherited customs and inheritance law.Then propose the recommendations of coordinating the inherit customs and inheritance rights of Miao women. The first is to build the female equality culture, and the second is to amend and refine the terms of inheritance law, that is within the constraints inherited conditions, to retain the married women ＇s qualification of inheriting their parents＇ estates , Confirm the rights of the daughter-in-law of inheriting their parents-in-law＇s estates.