婚姻关系视角下清末女性权利的保障——以《大清民律草案》婚姻章为例

The Evolution of Women’s Rights in the Late Qing Dynasty from the Perspective of Marriage

《大清民律草案》婚姻章中赋予了女性财产所有权、一定的婚姻自由等民事权利,力图通过婚姻自主、财产私有促进女性地位的提高,对后世产生了积极的影响。

In China,it is an indisputable fact that a wife is required to obey her husband,and her status is low.Until Western thought was introduced into China,people realized that the relationship between husband and wife was not taken for granted.The jurists in the Qing Dynasty represented by Shen Jiaben studied the style and thought of modern western law and formulated the draft civil law of the Qing Dynasty based on foreign law.The draft gives women multiple rights in the marriage chapter,trying to realize marriage autonomy,private property and improve women’s status.Since then,women’s rights and interests have been protected by law,and have reference significance for future generations.