Research On Legal Practice Of He Li System In Tang Dynasty

In ancient times,the marriage of two surnames emphasized the righteousness of husband and wife and attached importance to the relationship between husband and wife.He Li is a voluntary divorce,that is,the divorce is voluntary and not subject to external force.In the dynasties before the He Li system came into law,there were civil cases of He Li.Although it was not raised to the legal level to regulate and protect it,it was tacitly regarded as an effective way to dissolve the marriage relationship.It is of historical significance for the rulers of the Tang Dynasty to incorporate the He Li system into the legal category to regulate and protect them."Tang’s Laws" attaches great importance to etiquette and law,attaches great importance to maintaining the stability of marriage and family,and is particularly concerned about the dissolution of marriage relationship.At the institutional level,the regulations on the dissolution of the marriage relationship in the Tang Law are relatively standardized and complete.The social background of the He Li system in the Tang Dynasty was complex and diverse.First of all,the status of women in the Tang Dynasty improved,which was reflected in the fact that women were generally able to receive education,engage in politics,and go out for leisure and entertainment.Secondly,in the Tang Dynasty,religion became a tool for the dissolution and reconstruction of marriage relationship.On the one hand,rulers use religion to give social individuals multiple identities,and on the other hand,they can also use religion to redefine a social individual.Furthermore,the marriage concept of the Li Dynasty was more open and free due to the influence of minority marriage customs.In the legal practice of husband and wife and separation,there are cases where the marriage is dissolved by following the legal provisions of the separation of husband and wife,but there are also restrictions and separation.This article compares and analyzes the specific operating conditions of the He Li system by comparing the applicability cases and limited application cases of the He Li system,trying to present the whole picture of the legal practice of the He Li system in the Tang Dynasty.Through the analysis of the applicability of He Li,it is analyzed that He Li has certain procedures,and He Li needs to sign and leave the document,and the relatives of both parties are required to witness the signing of the document.The legal effects of He Li are divided into identity and property.In terms of identity,the woman returns to the sect after leaving,and she can remarry and continue to maintain the relationship of etiquette and law with her children.In terms of property,the woman can take away the dowry after the divorce,and the man will make appropriate compensation according to his own situation.He Li is not completely unrestricted in legal practice.Divorce is permitted by law,but there is no such thing as a completely free divorce.In particular,the marriage of royal relatives and officials in the Tang Dynasty was subject to certain restrictions.In addition,in the actual marriage relationship,both men and women do not have a completely independent right to express their divorce,which is affected by the will of their parents.The He Li system has both rationality and limitations.The rationality lies in the awakening of women’s consciousness of independent marriage,and the limitation lies in the absence of women’s complete divorce expression rights,and the limitation of the legal application group.After objectively evaluating its rationality and limitations,we should see the historical influence of the He Li system,which horizontally affects the marriage legislation of some countries in the same period,and vertically affects the marriage legislation in the Song,Yuan,Ming and Qing Dynasties after the Tang Dynasty.It has certain enlightenment and reference significance for contemporary divorce by agreement.