民国南京政府时期的妇女离婚问题——以江苏省高等法院1927-1936年民事案例为例

民国南京政府时期,妇女在法律上拥有与男子平等的离婚权利,但是,从原因来看,妇女提出离婚诉求主要是因为男方的虐待、遗弃以及疾病,并且,在通奸问题上,男方与女方有明显不同的表现.妇女的离婚不仅受到了法律上证据问题的困扰,还受到社会文化因素的制约.在离婚后的妆奁与抚养费用上,妇女的合法权益一般得到了法院的保护.

Women''''s Divorces in the Period of the Nanjing Nationalist Government: Civil Litigation Cases at the Jiangsu Supreme Court 1927-1936

Under the Nanjing Nationalist government, women had the same right to divorce in front of law as men did. However, judging on the causes for women to file for divorce, they varied from abuse, abandonment or disease. On the issue of adultery, women and men had very different experiences with procedures. Women's cases for divorce were not only limited by law but also constrained by social cultural factors. Women's rights to dowry and alimony after divorce were generally protected by the court.