Adopting an heir: Widows’ heir adoption and related legal and social issues in the Qing Dynasty

In the Qing Dynasty, widows who did not remarry could become the right subject of adopting an heir. There were two main types, adoption by order and adoption by affection. Sometimes an heir with a different surname could also be adopted. Some relatively economic compensation actions were taken in the adoption. The widows’ right of adoption was restricted by such factors as patriarchy, clan, feudal ethical codes and conventions. However, the widows could appropriately use law to protect their rights and interests. Meanwhile, when the magistrates judged cases about adoption, they were usually apt to support the widows’ requests so as to protect the rights and interests of social vulnerable group with fully applying the right of discretion.     

清代寡妇立嗣问题探析

In the Qing Dynasty, widows who did not remarry could become the right subject of adopting an heir. There were two main types, adoption by order and adoption by affection. Sometimes an heir with a different surname could also be adopted. Some relatively economic compensation actions were taken in the adoption. The widows’ right of adoption was restricted by such factors as patriarchy, clan, feudal ethical codes and conventions. However, the widows could appropriately use law to protect their rights and interests. Meanwhile, when the magistrates judged cases about adoption, they were usually apt to support the widows’ requests so as to protect the rights and interests of social vulnerable group with fully applying the right of discretion. Translated by Chen Cheng from Shixue Yuekan 史学月刊 (Journal of Historical Science), 2007, (6): 34–42     

论清代立嗣继承中的财产因素

清代立嗣继承法律关系发生时,财产因素占据了极为重要的地位,原来准宗教性质的宗祧祭祀的意义变得模糊。大量的立嗣继承纠纷都源于人们对财产的觊觎和争夺,争继即是争产。导致这一现象的主要原因在于清代社会人口压力增大、资源的日渐短缺,道德和宗族习惯法的影响和约束减弱,另外清代地方官的司法实践对此也起到了负面作用。