In the traditional society of China, what are the most basic provisions on marriage made by successive governments?

The content of legal history. A lot, just search "ancient marriage system". I found one, have a look.

(The following is from Sohu)

Marriage is the only way to realize human production.

China feudal ethics regards marriage as the beginning of interpersonal relationship.

Yi copula: "Heaven and earth are in harmony, and everything is mellow. Both men and women are fine, and everything is transformed. "

Nature is produced by the interaction of yin and yang, and human beings are produced by the intersection of men and women.

The hieroglyphics of Dongba Sutra of Naxi nationality have the concept of humanity, which is similar to the statement in Yi Language Cohesion.

Gas is generated between heaven and earth, gas becomes frog, and frog becomes human (men are born from heaven, women are born from earth, and heaven and earth produce people).

The ethical standard of feudal society in China holds that "confusing (marriage) is the essence of ceremony." "Men and women are different, and then husband and wife are righteous; Husband and wife are righteous, and then father and son are relatives; Father and son have relatives, and then the monarch and the minister have politics. " (1) Confusion in The Book of Rites regards marriage and family as embryos that constitute social organisms.

Characteristics of China's ancient view of marriage and love

China's feudal society has a long history, which branded China's ancient concept of marriage and love with the times.

"Historical Records Preface to a Family": "When husband and wife are married, human nature is also great. The use of rituals, only marriage is conscientious. What a pity! The princess's love can't be loved by the minister, and the father can't be loved by his son. What a humble situation! If you are happy, or you can't be the child's surname, you can be the child's surname, or you can't want it to end. Is it not a life? "

It means that things between husband and wife are the most important ethics of human beings. The function of ceremony is to be especially cautious in marriage.

Love between husband and wife trumps everything.

This kind of love, the monarch can't get it from his courtiers, and the father can't get it from his son, let alone people who are not as good as the monarch and father.

Since husband and wife love each other, some of them can't have children, and those who can have children can't live forever. Isn't this fate?

This passage of Sima Qian runs through two thoughts: he affirms that the love between husband and wife is a special feeling of human beings and cannot be replaced by other feelings; At the same time, he regards the question of whether a husband and wife can have children and grow old together as being dominated by mysterious fate.

These two thoughts are intertwined, which has a far-reaching impact on the traditional culture of China.

Marriage custom in ancient primitive society

1. Inbreeding

Blood clan marriage (also called intra-clan marriage) is the first marriage form of primitive human beings.

That is to say, the marriage between father and son within the clan is excluded, and only the marriage relationship between men and women (brothers and sisters) in the same generation is allowed.

2. Subconsanguineous marriage (also known as extraclan marriage, or "punaluan family" marriage)

Subconsanguineous marriage is a form of marriage after consanguineous marriage.

In this form of marriage, brothers and sisters of this clan can't get married again.

3. Matched marriage

The range of spouses in sub-consanguineous marriage is gradually narrowing, and men and women of the same generation with different surnames live together in pairs for a long or short time, becoming a pair marriage.

In the meantime, "a man who marries his eldest sister has the right to marry his eldest sister who has reached a certain age", which is called "wife-sister marriage".

4. Monogamous individual marriage

Husband and wife live together for a long time, forming a monogamous individual marriage.

5. The struggle of transition from matriarchal clan society to paternal clan society.

When the monogamous family becomes an individual economic unit, it will split from the matriarchal clan commune, the combination of men and women will gradually change from the wife's residence to the husband's residence, and the parents will also change from women to men.

Monogamy requires the establishment of a father-son relationship, so as to calculate the descent of children according to the paternal line and let their children inherit family property.

This led to various forms of struggle, such as:

(1) The struggle for naming children. The joint name of father and son replaced the original joint name of mother and son, and this custom is still preserved by Jino and Bulang nationalities in China.

2 "Weng system", also known as "sitting man". The child was born to the mother. In order to seize the ownership of the child, the father pretended to be pregnant and sat in bed after his wife gave birth, accepting congratulations from relatives and friends. Instead, they let the mothers work in the fields and nurse the babies.

(3) check the bride. This is a unique marriage custom of Pumi nationality. Pumi people practice monogamy under the patriarchal clan system, which shows the power of husband power in judging the bride. When the bride came to her husband's house, the old man and the old woman in the village explained the rules to her first.

There were two forms of slavery marriage in ancient China:

1. "Steamed" marriage and "reported" marriage (also known as "transfer system" or "inheritance system")

"Steamed" and "reported" marriages were the forms of marriage that conformed to the social ethics at that time, while "communication" was regarded as.

"fornication" should be condemned by public opinion.

The main differences between "steaming" and "reporting" marriage and "adultery";

First, "steaming" and "reporting" marriages are limited to the marriage relationship between sons and concubines, nephews and aunts, and younger brothers and widows; And "adultery" is an improper relationship between men and women beyond this scope.

Second, "steaming" and "reporting" marriages generally have children and enjoy legal social status, which can be the prince of the prince or the ex-wife; However, there is no record in Zuo Zhuan that children who commit adultery are discriminated against and abandoned after birth.

Third, because the marriage of "steaming" and "reporting" was legal at that time, it did not have any direct consequences; And "adultery" is illegal and harmful to the interests of in-laws, so it often causes contradictions and conflicts within aristocratic groups.

2. Concubine and Concubine Marriage

"Concubine" and "Concubine" system is a disguised form of polygamy implemented by patriarchal clan system in Zhou Dynasty.

It can also be called the imperial concubine system. Only when the wife is divided into concubines and concubines can her children be divided into concubines and concubines.

After Qin and Han Dynasties, concubines became concubines of feudal emperors.

During the period of Emperor Wu of the Han Dynasty, the harem was divided into 14 from queen to wife.

At the end of the Western Han Dynasty, Wang Mang was reformed from the ancient system, and the Shi family in Naduling was the queen, with 3 concubines and 9 concubines of 27 beauties, 8 1 royal family, and *** 120 people. In addition to the queen, there are 3 wives, 9 wives, 20 wives and 78 women in Yang Di's harem.

These concubines are only a few women in the palace, and they are all victims of the cruel system.

How many concubines did the feudal emperor have?

According to the residence of concubines in the Forbidden City, Mr. Gu Jiegang verified that the Qing emperor lived in Gan Qing Palace and the empress lived in Kunning Palace.

In addition, there are "East Six Palaces" (Ren Jing, Chenggan, Zhongcui, Yan Xi, Yonghe and Jingyang) and "West Six Palaces" (Yongshou, Yikun, Chu Xiu, Xiang Jun, Changchun and Xianfu), indicating that it is allowed for the emperor to have 1 2 concubines after1.

In ancient China, there was a marriage custom that an aristocratic man married several wives, "in order of position."

Preface to Empresses in Yuan History: Mongolian Khan "has many concubines, and his residence is divided into camps".

For example, Yuan Taizong has 23 wives, 15 concubines and 38 * *.

Feudal engagement and its ceremony

1. The formation of a small family of "men plowing and women weaving"

2. Bride price and matchmaker

3. Marriage age and natural population growth rate

4. Child marriage

There are roughly three kinds of child marriages in ancient China, namely, child belly marriage, child prostitution and child bride.

Now it can be divided into the following categories: children's belly marriage, also called "finger belly marriage", or "waiting for children's marriage"

5. Marriage between relatives and nationalities

6. Feudal marriage ceremony

China ancient marriage law

According to textual research, the earliest crime is sexual crime, and then the concepts of crime such as theft and murder.

As early as the promiscuous period in primitive society, although the relationship between men and women was "completely free", there were some restrictions on time and place, such as "there are seasons, and sex is erotic in the city during the day." Emperor anger, put it in the southwest "("road history. Pre-discipline, Volume 5, "There is a dynasty").

This shows that the primitive society has exile punishment for public fornication during the day.

After entering the class society, sexual law gradually developed.

However, due to the change of dynasties, monarchs, ideas and customs, the understanding and handling methods of sexual behavior and legal and illegal sexual relations are different.

The main features are as follows:

1, encourage early marriage and childbearing.

In ancient times, the population was sparse. In order to speed up the population reproduction, early marriage and early childbearing were encouraged.

The minimum age of marriage from Emperor Wu of the Later Zhou Dynasty to Emperor Kaidi of the Tang Dynasty is 15 for men and 13 for women.

Those who don't get married at the age of marriage will be punished.

Emperor Hui of the Han Dynasty once gave an order: "If a woman does not marry between the ages of 15 and 30, it will be counted as five (that is, five times the poll tax)."

Homosexuality Legislation in Ancient China

In ancient China, there were many homosexuals, especially unofficial history, the kings of past dynasties. It is recorded that "dancing and having children in Yongfu" is a special hobby of kings and feudal privileged classes, and its history can be traced back to primitive society. Ji Xiaolan, a scholar in Qing Dynasty, said in Volume 12 of Notes of Yuewei Caotang: "Miscellaneous remarks about child molestation began in the Yellow Emperor."

Another famous Warring States Policy said: Long Yangjun was favored by Wang Wei, so he got a king's pillow, so he was lucky for the king. He cried on the boat and asked Wang Wei for something. Wang Wei then ordered him to say, "Who dares to say beauty!" ;

Zixia Mi and Wei Linggong "eat separately";

The most famous story is the legend of the addiction to broken sleeves: Emperor Ai of Han and Dong Xian took a nap. The emperor got up and found that Dong Xian had pinned down the emperor's long sleeves (the sleeves of the ancients were very big). Emperor Ai of Han Dynasty saw that Dong Xian was sleeping soundly, so he "broke his sleeves".

The ancients had many well-known same-sex surnames, such as, Doctor Yu, Wu Jun satrap Wang Sengda, Wei Zuchong Kong Gui, the eunuch Wang Chengxiu mentioned in the book of Jin and Han Dynasties, the eunuch of Shu Dynasty, Cherry, the pet of Song Dynasty, and the prison slave Feng Zi of General Huo Guang. ....

Later generations called homosexuality "Long Yangjun", "the goodness of Yu Tao" and "the addiction of broken sleeves".

When the Han Dynasty arrived, the wind of being a good person began to spread among the people from the emperor. The host opened the 250-volume Historical Records, and the Sixty-fifth Biography of Wendi was biased towards Deng Tong. Deng Tong once smoked sores for Wendi, and Wendi gave him the privilege of mining Tongshan.

In the Wei, Jin, Southern and Northern Dynasties, it was popular among ordinary people and publicly sang down gay culture.

In the era of Song Huizong, with a turn for the better, Hui Zong legislated: "A man is a prostitute, and the staff is 100 yuan, and the informant is 50 yuan", so that same-sex behavior is prohibited. Homosexuality was banned in the Qing Dynasty. According to the laws of the Qing dynasty, people engaged in "xianggong" were not allowed to take the imperial examinations.

Homosexuality in Ming and Qing Dynasties can be seen in some famous novels, such as A Dream of Red Mansions, Jin Ping Mei and Chen Sen's Flower Collection (the top ten banned books in China).

Before the May 4th Movement, China was relatively open-minded on this issue, including the government and people. After the May 4th Movement, anti-homosexuality in white Christian culture in the West was introduced into China and prevailed.

2. Marriage restrictions are strict, and offenders are severely punished.

The main restrictions include: no marriage with the same surname, no marriage with close relatives, no marriage with illness, and no marriage with adulterers and adulterers.

"Tang Law" stipulates: "People with the same surname get married and go for three years".

"Ming Law" said: "Anyone who marries the same sex shall be divorced at the age of 60."

Anyone who marries a relative will be given different punishments according to the distance between relatives and friends, ranging from sticks to acts, to beheading.

3. The sexual privilege of the husband and the sexual repression of the wife, polygamy of the ruling class and monogamy of the ruled class.

During the reign of the five emperors, the wives of the emperors were divided.

Both the Yellow Emperor and Di Ku have one wife and three wives. Shun has three wives.

During the Three Dynasties, the names and numbers of empresses increased.

The number of wives in the Zhou Dynasty increased to 12 1, and there were countless concubines. Governors also have one wife, two wives, six women and eight.

Concubine. Dr. Qing has a wife and two concubines. A scholar has a wife and a concubine, and Shu Ren under a scholar is monogamous. A man with a bachelor's degree or above can have more than one wife, and a woman should be faithful.

Types and penalties of illegal sexual behavior and sexual relations: At the end of the Spring and Autumn Period, sons, nephews and brothers were allowed to marry uncles' wives and concubines (except their biological mothers), and the elders were also allowed to commit adultery with the wives and concubines of their younger generations.

However, some people think that this move is inappropriate.

Both Qin law and Han law prohibit adopted sons from raping adopted mothers.

"Han Law" regards adopted son's rape of adopted mother as a major crime against ethics and should be shot.

Both the Ming Law and the Qing Law stipulate that the rape place is twisted and the rape stick is 80; Rape of a young girl under the age of twelve is the same as rape.

The Law of the Tang Dynasty stipulates that Shu Ren and the traitor are only sentenced to one and a half years; Slaves and lovers and traitors, only two and a half years; And rape relatives, three years to hang; Adultery for two years, but adulterous lover or adulterous father's concubine, uncle's parents, aunt, sister, daughter-in-law, brother's daughter's slave, are all stranded.

Song and Tang are the same.

In addition, in order to maintain moral standards, some sexual crimes are severely punished.

"History of the Yuan Dynasty Criminal Law Annals" wrote: "A husband gets a wife, and the wife resists arrest, and it is not guilty to kill her."

The law of the Ming and Qing Dynasties said: "An adulterer and an adulteress who have been raped by a husband should be put to death immediately."

The Marriage Law of the Tang Dynasty stipulates: "Those who have multiple wives will only stay for one year."

There was a rule in the Zhou Dynasty that "those who make friends with men and women in bad faith shall be punished in the palace".