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清末至民国时期对民法的编订经历了20多年时间,在这期间出现过《大清民律草案》、《民国民律草案》、《民国民法》三个民法文本,这三个法律文本基本勾勒出民事关系中男女平等法律地位的构建过程。事实表明,民国民法在男女平等方面所取得的成果与当时社会观念的演进有着密切的联系,是当时历史语境下的产物,或者说是五四以来社会观念加速更新的必然结果。然而在当时的现实社会中,旧有的生活方式往往还占据着主导地位,因此,民法建构的男女平等法律地位只能说是一个开始,要真正改变男女不平等的社会现实还有着很长的路要走。
During the period from the late Qing Dynasty to the Republic of China, the compilation of civil law has experienced more than 20 years. During this period, there appeared three civil law texts, such as “Draft of the Qing Civil Law”, “Draft of the Republic of China Civil Code” and “Republic of China Civil Law” The Process of Constructing the Legal Status of Equality between Men and Women in Civil Relations. The facts show that the achievements made by the civil law of the Republic of China on the equality between men and women are closely linked with the evolution of social conceptions at that time and are the product of the historical context at that time or the inevitable result of the acceleration of social concepts since the May Fourth Movement. However, in the real society at that time, the old way of life tended to dominate. Therefore, the legal status of men and women as constructed by civil law can only be described as a beginning. The social reality that really changes the inequality between men and women still has a long Way to go.