民国时期女性法律意识的觉醒与困顿

Awakening and Dilemma of Women’s Legal Consciousness in Republic of China(1912-1949)

民国时期女性被赋予平等的诉讼权利,法律意识开始觉醒,因此社会司法实践中涌现出大量以女性为诉讼方的家庭纠纷案件,其中,作为家庭内部矛盾的婆媳之争,也逐渐走出家庭走上法庭。通过对民国时期的案卷文本梳理与解读,发现处于家庭不同身份地位的婆媳双方在司法实践中往往面临困顿局面,尤其是媳方在诉讼道路上面临重重困难。

During the period of the Republic of China(1912-1949),women were given equal litigation rights,and legal consciousness began to wake up.Therefore,a large number of family disputes with women as litigation parties emerged in social judicial practice.Among them,the dispute between mother-in-law and daughter-in-law,as the internal contradiction of the family,also gradually went out of the family to the court.By combing and interpreting the text of the case file in the period of the Republic of China,it is found that the mother-in-law and daughter-in-law in different status of the family are often faced with difficulties in judicial practice,especially the daughter-in-law.