Characteristics of the divorce system in the Tang Dynasty

Tang Law?6?1 Household Marriage Law has two kinds of regulations on divorce. The first is compulsory divorce, which includes compulsory divorce by the government and compulsory divorce by the husband. Forced divorce by the government means that the husband and wife will be forced to divorce if they are found to be "marrying against the law", "marrying against the law", or "rightfully divorced". Husband forced divorce refers to the wife committed "seven out" of the article, the husband proposed a forced divorce, the so-called "out of the wife" "repudiation of the wife"; second, the agreement to divorce, refers to the voluntary divorce of both husband and wife, that is, the so-called "out of the wife" "repudiation of the wife". The second is divorce by mutual consent, in which both husband and wife voluntarily divorce, so-called "and divorce".

Forced Divorce

I. Forced Divorce by the Government

(1) Marriage in violation of the law-"Marriage is not permitted according to the law, but there are those who are aware of it. said that those who are separated and corrected, even though they will be pardoned, they are still separated." [2] In the "Tang Law?6?1 Household Marriage Laws," there are ****14 provisions on marriage in violation of the law. The cases of marriage in violation of the law are divided into eight. 1, the existing marriage contract of the woman shall not be remarried to others "Tang Law" that the existence of a marriage contract is recognized as an important condition of the existence and legality of the marriage. "for the law of marriage, there must be a traveling matchmaker, male and female first concubine, eldest and youngest, at that time, there is a contract." [3] Therefore, a woman who has a marriage contract is in fact considered to be someone else's wife and remarries someone else, which is certainly not permitted in terms of morality and etiquette.

From another level, the conclusion of marriage is a matter for both men and women, and the betrothal is not to be repudiated, and should be observed by both parties **** together. However, the Tang law only constraints on the woman is not allowed to repent, or be held legally responsible, the man is not this restriction. Reflects the Tang dynasty marriage inherited the Confucian idea of male superiority and female inferiority, husband and wife inferiority. Men hold the initiative of marriage, women's marriage is a passive position of vulnerability.

2, do not pretend to be married

"Tang Law" provides that the marriage shall not be presumptuous. The Tang people believe that the marriage of false pretenses, built on deception, so such marriages are not recognized. This provision reflects the fact that marriage in the Tang Dynasty inherited the Confucian principle of "faith". The Shuowen Jiezi (Explaining Characters in Chinese), compiled by Xu Zhen in the Han Dynasty, says that "sincerity, faith" means that a person should be consistent in his words and deeds, and faithfully keep his promises and obligations. Ancient Chinese thinkers believed that honesty is the foundation of all virtues, the prerequisite for all moral cultivation, and the moral code of conduct for people. In the Book of Rites?6?1 University, it is said, "The so-called one who is honest in his righteousness does not deceive himself." Mencius said, "Sincerity is the way of man." Both emphasize the importance of faith. Tang to ritual into the law, reflected in the marriage system is bound to require both sides of the marriage honesty, not to pretend to be married.

3, not to have a wife to marry

The Tang law provides that there shall be no wife to marry, that is, there shall be no violation of monogamy. Monogamy means that the husband is only allowed to have one wife. The Tang Law explains that "according to the ritual, the sun is seen in the A, the moon is seen in the G, like the meaning of husband and wife. One with the same Chinese feeds the weight." "A husband and a woman, not published system. Have a wife more married, this is not a wife ", [4] at the social and legal level, are only recognized a husband only one wife, other spouses can not be a wife.

The monogamous marriage system was already formed in the Western Zhou. It was "determined by the feudal patriarchal system, which emphasized the difference between the first wife and the concubine. If there was no distinction between the first-born and the concubine, the principle of the first-born son inheriting the zongyao and titles could not be maintained, and it would inevitably lead to the confusion of the whole patriarchal law."[5] But the monogamous marriage system was already formed in the Western Zhou Dynasty. [5] But feudal societies, including the Tang Dynasty, practiced not strict monogamy but monogamy with multiple concubines. Society and the law recognized and allowed the right of a man and a group of women to live in a household and **** together, but only one of them was recognized as his spouse, i.e., his wife, and the rest as teng concubines. Unless the wife dies or is divorced and the original marriage has been dissolved, there can be no other marriage. The emergence of this system is also for the effective inheritance of the patriarchal order, a wife to maintain the order of the patriarchal law, many concubines to ensure the continuation of the family, but also to fulfill the "upper service to the temple, the next generation," the purpose of marriage.

4, shall not be contrary to the feudal hierarchy

China's feudal society is a hierarchical society, and the hierarchical concept of feudal society is reflected in the marriage in addition to emphasizing that the husband has the right to rule over his wife, but also requires that the marriage of the two sides of the respective families of the social hierarchical status of the two sides, that is, the commonly referred to as the "door is the same as the family". This is commonly referred to as "the right family for the right family". This hierarchical concept of "the family as the family" is also a reflection of the Confucian idea of hierarchy in marriage. "To safeguard and consolidate the fundamental interests of the ruling class is the starting point and basic purpose of Confucianism in establishing the feudal hierarchical relationship of ethical principles. The concept of hierarchy in marriage likewise reflects the interests of socio-political groups as well as families and households in relation to each other." [6] Therefore, the Tang Law stipulates that marriage must not violate the principle of feudal hierarchy and categorizes it specifically. Namely, no wife shall be taken as a concubine, no maidservant as a wife, and no maidservant as a concubine; no concubine and no guest girl shall be taken as a wife; no slave shall take a virtuous man as a wife; and no miscellaneous household or official household shall marry a virtuous man. According to the Tang Law, "The maidservant is a lowly person and is not a companion. If the wife as a concubine, the servant girl as a wife, against the agreement, will lose the right way of husband and wife, militarized the rules of human relationships, reversing the crown and shoes, disrupting the rites and scriptures". [7] That is to say, the status of the wife and concubine, the master and the servant girl is clear, not to be exceeded. Wife and concubine, the master and servant girl is the relationship between the ruling and the ruled, rather than the relationship between the eldest and the second, the master and the deputy. The distinction between wives and concubines is an important element of the patriarchal hierarchy, and it is against feudal etiquette to take a wife as a concubine.

The feudal hierarchy classified people into ranks, and the essence and purpose of this disallowance of intermarriage between non-identical ranks was to maintain and consolidate the interests of the upper ruling and economic groups. "Confucian ethical thought focuses on the social group relationships bound by blood kinship, and marriage is one of the direct ways to link such relationships." [8] The purpose was to attempt to draw, maintain and consolidate family relations with both sides of the marriage through the union, thus forming a stronger and more powerful political and economic group.5. No Marriage with the Same Surname

The Tang Law held that people with the same surname were not allowed to marry. It is explained as "people with the same surname, that is, tasted the same ancestor. For the wife for the concubine, chaotic law will not be executed."[9] The Tang Law also stipulates the specific scope of the same family name, the same family name is divided into the same family name, **** family name. The same clan, is the same ancestor of the breeding and "genealogy is still in, Zhaomu can be known" of the descendants. The *** surname, including the same clan and *** surname, different clan and *** surname and surname sound the same and the word is different.

The principle of not marrying someone with the same surname was already practiced in the Western Zhou Dynasty. It is due to the early life of human society cruel environment, a group of people rely on their own strength is difficult to survive and develop, so it must be and other groups of people in order to strengthen the force, and the best means of such a union is marriage. Thus, the initial non-marriage of people with the same surname was formed.

With the development of civilization and the establishment of the idea of human relationships, there is another substantive reason for not marrying someone with the same surname, namely, to regulate the orderly transmission of the bloodline patriarchal laws and to confirm and maintain the ethical hierarchical relationships. It is due to the world that "people with the same surname, that is, taste the same ancestor" people with the same surname is a member of the clan, and members of the same clan has a strict division of seniority and inferiority, intermarriage between the same clan, is bound to disrupt the original orderly order of the patriarchal order. The first is that the first time a person is married, the second is that he or she is not a member of the same family. N8 u

Furthermore, the ancients also found that "men and women with the same name, its birth is not double", that is, the family within the marriage of men and women is not conducive to the growth of the next generation, from the development of their own family interests to make the same name is not married to the restrictions. Therefore, in the objective for the improvement of national quality played a certain role. At the same time, it is also a great progress of our ancient marriage system.

6, shall not be relatives for marriage

"Tang Law" stipulates that relatives shall not be married, the scope of which includes: foreign marriage has to serve the genus and inferiority and superiority *** for marriage, that is, with their own maternal grandparents, aunts, uncles, the wife's parents of the marital relationship; and the marriage relationship with half-sisters; and the marriage relationship with their wives' ex-husbands of the daughter of the marital relationship, including the wife and the daughter of her ex-husband born of the wife and the wife's parents. Daughters of ex-husbands; marriages with sisters and aunts of parents' aunts and uncles and aunts and cousins, and aunts and cousins of mother's aunts; marriages with one's own cousin's aunts and again from aunts and cousin's nieces and nephews, and sisters of son-in-laws; marriages with wives who were once relatives of parochial exemptions and wives of fine linen relatives; and marriages with wives of nephews and uncles. The Tang Dynasty same surname is not for the marriage restrictions are between the paternal relatives of the marriage behavior, while the relatives do not marry the restrictions are with the opposite sex of the marriage behavior.

From the scope of the Tang ban on marriage, it can be seen that the scope of the ban on marriage is larger and strictly prohibit the inferiority of marriage, but does not prohibit intermarriage between close relatives of the same generation. This is due to the ancient Chinese society, including the Tang Dynasty, pay special attention to the order of human relationships, that is, the order of seniority and inferiority. Expanding the scope of prohibited marriages between relatives of the opposite sex was conducive to the maintenance of this order. Moreover, the Tang Dynasty was a large unified state with a vast territory, and from the government's point of view, marriage could be used to strengthen relations with neighboring ethnic groups and reduce or eliminate their threat to the central government, and could be used to enlist ministers and clans and strengthen their loyalty and centripetal force to the Tang Dynasty.

7, may not marry a fugitive woman

"Tang Law" stipulates that "all fugitive women as a wife, away from the". This is not a fugitive husband in the escape, but the woman herself fled because of the crime. The Tang Dynasty's household registration system is not very perfect, fugitive women are very easy to take advantage of this loophole in the name of the lost with the son of the family to marry, escape from the penal sanctions. Therefore, the enactment of this law is to some extent conducive to the stability of the Tang Dynasty.

8, the supervision of the officer may not marry his supervision of the female

The Tang law provides for the supervision of the officer, including the supervision of the officer and in the official non-supervision of the officer. "Supervision of the official, that is, the job when the Provisional case examination, in the official non-supervision of the official, that is, in the Ministry of the official and the job is not the case examination." [10] The stipulated shall not marry the supervisor of the Provisional female, in addition to marrying for their wives also includes not marrying for relatives.

This provision, the maintenance of the official's majesty, but also to a certain extent to prevent and control the official by virtue of the power to bully the people, there is a certain positive significance, but the essence is still to maintain the social hierarchy.

9, shall not be forced to marry, forced to marry, fear of drinking to marry

This provision of the Tang law can be seen in the Tang Dynasty inherited the Confucian idea of benevolence. The women's families were given the right to choose to continue to keep the will and to refuse to intermarry, reflecting a certain humanitarianism that respected human rights.

(2) Marriage against the law

Marriage against the law means that the timing of the marriage is considered to be against the law.

The Tang Law defines the scope of marrying against the law as follows: marrying during the mourning period of parents, on the ground that "the mourning of parents is a lifelong sorrow, and three years from the auspiciousness, since it is a good rite of passage"; marrying during the mourning period of husband, on the ground that "the husband is a woman of heaven, and there is no more emaciation"; and marrying during the imprisonment of grandparents and parents, on the ground that "the husband is a woman of heaven, and there is no more emaciation". Grandparents, parents are imprisoned to marry, the reason is "grandparents, parents are imprisoned, imprisoned, children and grandchildren to marry, the name of the religion can not be"[11] The Tang Law of this provision can be seen in the Tang Dynasty inherited the Confucian idea of filial piety, the "in the middle of the day", "the people of benevolence, pro pro pro for great! ". Confucianism regards the love of relatives in the family as the starting point and root of benevolence. The world is asked to honor and love their elders. Therefore marrying during the imprisonment or mourning period of parents or grandparents violates this idea. Moreover, the woman for the husband day, the Tang Dynasty attaches importance to the husband's right, women in the husband's mourning period remarried in the world's view is a violation of etiquette behavior.

(C) the righteousness of the dead

The Tang Dynasty Law stipulates that "all those who violate the righteousness of the dead away". The wife has an adulterous relationship with her husband's relatives of fine linen and above; the wife wants to kill her husband; and the grandparents, parents, maternal grandparents, uncle parents, brothers, aunts, and sisters of the husband and wife kill each other.

The legal requirement of forced divorce was first introduced in the Tang Dynasty, but the term "righteousness" was first used in the Baihu Tong?6.1 Marriage. Husbands "against human morality, kill their wives and parents, abolish the discipline, the chaos of the great; Yi Jie is also to go". It stipulates that a wife can disassociate herself from her husband who kills her parents-in-law, and that a wife who chooses to divorce for such reasons has the power to conform to the concepts of morality, propriety and secularism. "Righteousness" to the Tang Dynasty more refined, it is no longer limited to the husband killed his wife's parents, but also includes the husband or wife of the other parents, brothers, grandparents, grandparents and other relatives of the infringement, including the injury, beatings, and even scolding. The essence of "righteousness" is to oppose the violation or incest between relatives. It is also meant to safeguard normal family relations and to reinforce the concepts of morality and order in the family. Furthermore, the "righteousness" itself is unequal. From a quantitative point of view, of the eight conditions of "righteousness", three are for husbands, four for wives, and one for husband and wife ****. In terms of specific content, the same is the spouse's grandparents, parents, the wife as long as the scolding for "righteousness", the husband to beat for "righteousness"; the same is the spouse's grandparents, uncle parents, brothers, aunts, sisters, the wife as long as the killing and wounding for the "righteousness". The same is true of adultery; a wife who has an adulterous relationship with her husband's relative within five suits is considered "righteous", while a husband who has an adulterous relationship with his mother-in-law is considered "righteous"; and a wife who intends to kill her husband is considered "righteous", while the husband's desire to kill his wife is not mentioned. But from the practical point of view, "righteousness" or objectively play a role in protecting the personal safety of women and their relatives.