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Legal Status of Vulnerable Groups in Song

Author: Shi
Tutor: LiMing
School: China University of Political Science
Course: Legal History
Keywords: Song Vulnerable groups Legal Status Widow Son-in-law living at wife's parent's house Son
CLC: K244
Type: Master's thesis
Year: 2005
Downloads: 400
Quote: 3
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Abstract


In today's rapid social transformation , the presence of vulnerable groups to become widespread social problem , on the social status of vulnerable groups and legal protection is the current sociological and legal research hotspot. In this paper, a clear introduction of what is vulnerable, what is the legal status of the Song' dissertation">Song and why choose these three issues, and currently about widows, uxorilocal Research and adopted son of a brief introduction , raised new issues and paper research tasks and hopes to achieve. Research methods and the use of the material is also in this section shall be the explanation. The first part mainly for Song widows, uxorilocal husband and son live background analysis . First, the economic field land transactions frequently , leading to a wealth of no fixed potential in the status of each household in the preservation capitalists economic strength , exclusion possessions outflow has always maintained a cautious attitude , therefore, as a non-family households , widows and uxorilocal position will usually be suspect , whose property rights are therefore subject to many restrictions. Cottage industry development has given women more opportunities for participation in the economy , their economic status improved , which makes them a stronger self-survival skills and more freedom. Development of commodity economy to guide people to a more pragmatic spirit of rights to be concerned , but also lead to a variety of indoor wedding Land disputes increased, different identities of people in court , to judge how deliberate human test of France and Italy , widows, uxorilocal husband and son 's rights are protected largely hinges on whether the judge's judgment. Secondly, clan land , genealogy and ancestral bond of the three clans of the Song family organizations to become the basic unit of society , maintaining family ethics and family interests are the starting point of law , the widow living in the family , uxorilocal and son 's personal interests conflict with the interests of the family , the law tends to safeguard the interests of the family . Again, Neo Confucianism in the Song Dynasty to the stage of development , the \behavior can be protected by law and customary recognition. Finally, Choi Song theory concept of marriage marriage resulted in property rather than chastity became the focus of attention when the widow remarriage , afford a poor family fortune and become uxorilocal employed men and therefore more subject of discrimination. The second part of the remarriage of widows from the Song Dynasty freedom , property rights and their position in the family three aspects of their legal status were analyzed. Song widows remarry or both from the law point of view of social reality are more liberal , and even beyond the law 's prohibition of mourning and married or married with her ​​ex-husband 's relatives have served behavior is relatively common. Do not marry a widow Shouzhi law protecting the rights of widows have remarried is an expression of freedom . Restrictions on freedom of widows remarrying parents lies right on the effects of strong Zhuhun right to marry , it is higher than the widow's marital autonomy . Also present in people's minds than the first marriage second marriage is much more important point , remarriage of widows formed a psychological control so many cases, widows remarry can not get spiritual liberation. First, the property rights of widows , including her right to control their dowry . Because of the lack of legal provisions , widow dowry control over what extent are often on different occasions with different conclusions , but in the customary dowry is the widow of its great dominion , and they do not lead to litigation , in real life widow remarriage bring dowry is common. Followed by the widow on her husband died childless family property. At this time the family property outlined custody attributed to a widow , but only widow can get this right , widowed concubine only had a son or daughter of the occasion we can be . Regardless of the widow or widowed concubine they are not typically sold strictly required disposition of these assets. Although her ​​law

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CLC: > History, geography > History of China > Feudal society ( 475 BC - AD 1840 ) > Sui and Tang period ( 581 ~ 1840 ) > Song : Northern Song Dynasty ( 960 ~ 1127 )
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