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唐宋时期的继承制度较前代更加完整,女子的继承权逐渐得到完善,并对今后女子地位的提高以及权益的保护起到了不容忽视的作用。唐代的法律第一次明确规定妇女的财产继承地位,在室女可依法律规定获得未婚兄弟聘财的一半作为嫁妆,在户绝的情况下,在室女可继承父母的全部遗产。出嫁女继承亲生父母财产的一前提是家中没有儿子,且女儿都己出嫁,还要尽孝。宋代,在室女的继承份额已经上升到兄弟继承财产额度的一半。归宗女和出嫁女的继承权利受限,女子对嫁妆拥有了相对所有权和支配权,对妻妾继承权的规定更加具体。结合我国女性权益保护的实际,从强化女性继承权的落实和建立健全相关法律制度出发,通过经济、政治、意识形态三方面探索唐宋时期女子的财产继承制度的根源,得出提高女性法律意识、保障农村外嫁女继承权、完善女性财产权救济途径的启示。
The system of inheritance in the Tang and Song dynasties was more complete than that of the previous generation, and the succession of women gradually improved. It also played an important role in raising the status of women and protecting their rights and interests in the future. For the first time, the law of the Tang dynasty clearly stipulated the inheritance status of women as the dowry for which half of the unmarried sons and daughters were entitled by law to be roommates, and all the inheritance of their parents could be inherited in the case of a domicile. A prerequisite for a married woman to inherit biological parents’ property is that she has no son in her family and her daughter is married and her husband is filial. In the Sung dynasty, the share of inheritance in Virgo had risen to half of the amount inherited by Brothers. The right of inheritance to married women and married women is limited, women have relative ownership and control of dowry, and the provisions on the succession of wives and concubines are more specific. Combined with the actual protection of women’s rights and interests in our country, from the perspective of enforcing the succession of female inheritance and establishing and perfecting the relevant legal system, this paper explores the root causes of women’s inheritance of property in the Tang and Song Dynasties through economic, political and ideological aspects, Inspirations of Protecting the Inheritance Right of Married Daughters in Rural Areas and Perfecting the Ways to Relieve Women Property Rights.