%0 Journal Article
%T 宋代女性的有限继承权
Limited Inheritance Rights for Women in the Song Dynasty
%A 孙洪燕
%J Open Journal of Legal Science
%P 900-905
%@ 2329-7379
%D 2025
%I Hans Publishing
%R 10.12677/ojls.2025.135128
%X 宋代法律虽在《宋刑统》《户令》中赋予女性有限继承权，但其权利实现始终受制于宗法伦理与性别秩序。法律文本通过“户绝”“守节”“未嫁”等条件框定四类女性群体的继承边界：在室女虽享有户绝全产继承权，但受制于男性继承优先原则；寡妻仅具财产代管权且依附于立嗣制度；出嫁女继承权以户绝为前提且份额最低；归宗女权利随南宋宗法强化而缩减。司法实践中，继承范围受户绝认定程序、寡妻再嫁失权等限制，继承份额存在“女得男半”的变通性压缩，身份差异形成在室女 > 寡妻 > 出嫁女的等级序列。这种有限继承权本质是法律对宗法制度的妥协，既通过遗嘱、嫁妆制度短暂承认女性经济角色，又以“夫权–族权–官权”三重枷锁维系父权统治，体现了传统社会“礼法合一”体制下性别权利的制度性脆弱。
While Song Dynasty legal codes such as the Song Criminal Code (Song Xingtong) and Household Statutes (Hu Ling) granted women limited inheritance rights, the realization of these rights remained constrained by patriarchal clan ethics and gender hierarchy. Legal texts framed the inheritance boundaries for four categories of women—unmarried daughters, widows, married daughters, and returned daughters (those who rejoined their natal families)—through restrictive conditions such as “household extinction” (hujue), “chastity observance”, and “unmarried status”. Unmarried daughters could inherit full property in cases of household extinction, yet their rights were subordinate to the primacy of male heirs. Widows held only custodial rights over their husbands’ estates, contingent on adopting an heir, while married daughters faced the lowest inheritance quotas, applicable solely under household extinction. Returned daughters saw their rights diminish during the Southern Song as patriarchal norms intensified. In judicial practice, inheritance scope was limited by procedures like household extinction certification and rules stripping widows of rights upon remarriage. Inheritance shares were compressed through flexible principles like “half a son’s portion for daughters,” while status hierarchies enforced a strict order: unmarried daughters > widows > married daughters. This “limited inheritance” system ultimately reflected legal compromises with patriarchal clan structures. While temporarily acknowledging women’s economic roles through mechanisms like wills and dowries, it reinforced male dominance via the triad of “husband’s authority, clan power, and state control,” epitomizing the institutional fragility of gender rights under the traditional “ritual-law integration” framework.
%K 宋代女性，
%K 继承权，
%K 宗法制度，
%K 法律实践，
%K 性别秩序
Song Dynasty Women
%K Inheritance Rights
%K Patriarchal Clan System
%K Legal Practice
%K Gender Hierarchy
%U http://www.hanspub.org/journal/PaperInformation.aspx?PaperID=114435