The Song Dynasty Women Remarry Problem Legal Research

Due to the ancient women living space mainly confined to home, therefore marriage problems within is very important aspect.And the most popular research marriage problems with attention and separated problem feast.Two song is produced and gradually establish Confucian process of the era, "starve to death about things is tiny, the amazing thing dishonor the language of enormous" drew many attack also makes scholars generally are more concerned with the southern women with widowhood. Before the song dynasty women remarry problems related research, from the Angle of history unfold.This article, from the women remarry phenomenon, cause, the song dynasty Confucianism of law provisions, after she identity change and property rights law level research.And will include most widowed and remarriage women, into the middle of the song dynasty women system, in the family dynasty under the background of patriarchal clan system is analyzed.The first part, the song dynasty women briefly separated phenomena. In the northern song dynasty, women remarry widespread. Up to imperial clan, nobles, courtiers to CunFu about mountains, enjoy certain remarry rights. The world does not repel remarry phenomenon, also won't be taking remarry women. To southern, women remarry nor difficult. Although neo-confucianism when awake, but the whole social life of the influence of southern is not big, just in the clan and bureaucrats reflected the ordinary people, as for women, remarry still very unusual. It is worth noting, this period appeared "meet the porter" forms of remarry way.The second part, women remarry reasons. The song dynasty women remarry caused many reasons, the author sums up, can be roughly divided into five. The most basic reason is the development of land ownership. Because of the song dynasty, has resulted in many land annexation serious women landless and even less, life in order to survive have to again, stranded fitness others. In addition, because of the economic prosperity, money worship, the heavy righteousness light righteous concept also arises at the historic moment, so also contribute to the development of commodity economy in one of the most important factors women remarry. At the same time, because of the tang dynasty, by legacy effects improve the status of women, and virtuous concept, so women can weak compared to a certain extent separated right exercise. Look from ideas, neo-confucianism chastity concept does not give two song society brings how old influence, its desired effect only to Ming and qing dynasties becoming a reality.The third part, women remarry legal conditions. The song dynasty rulers on women remarry law is very broad. Not only that, the ruler and literary intelligentsia in action is also very support women remarry, make women in a certain extent separated right ensured.The fourth part, women remarry legal effect. Women remarry will happen after two aspects, one is the legal effect of the effect of identity; 2 it is the effect of property rights. From identity speaking, remarry women and so Randolph, therefore, even with Cardiff relatives occur between children who change. Loss in property respect, because women have no choice couple, but chose to remarry feast, so it can be obtained and the exercise of property rights are very limited.The fifth part, decorums, by their fathers' households under the framework of women remarry comments. This is partly to remarry women's legal rights and interests of the song dynasty patriarchal family in social background and patriarchal family ethics under the framework of analysis and research. Remarry women's law rights and obligations of the provisions are reflects the Chinese traditional legal family "ethics law", further study of the characteristics of Chinese traditional legal the basic characteristics and basic spirit can help us to correlative laws and regulations of the legislative intent and ideas behind the understanding of cultural roots.The sixth part, conclusion. Although the song dynasty rulers in law reduces the restriction of women remarry regulation, but in social ideas have for women remarry create a relaxed atmosphere, but due to their families and the influence of Confucian ethical concept, women were not enjoy full freedom of remarriage. And a widow in actual life which enjoys the rights and assumes the obligation cannot achieve balanced. Therefore, the author thinks that remarry women's status is still relatively low.