The Study On Marriage Law System In Han

The system of marriage law in Han has important position in history of Chinese ancient marriage law. On the one hand, the system of marriage law in Han inherits the main achievement of marriage system of Qin and before; on the other hand, the Han establishes the main system of feudal marriage law, which settles the basis of the whole feudal marriage law. So, it's very important to study the system of the marriage law in Han.This paper has carried out the study on the system of marriage law of Han's from three different aspects with the approaches of sociology and history. It analyzes them from the easy to difficult and goes deeply step by step.In the first aspect, it analyzes the Chinese marry and divorce system and the relationship between husband and wife. Firstly, the present paper investigates the material factors such as the command of parents and the good offices of a match maker, the procedure for the wedding and also something forbidden. Secondly, it mainly expounds the principle that men are superior to women, and the husband guides the wife. Lastly, it discusses the system for divorcing the wife. This part is the basis for the further discussion, though it is a simple investigation.In the second aspect, based on the former part, the present paper mainly discusses two questions. Firstly, it discusses the basic functions of marriage law in Han. In ancient China, family and country were combined. Therefore, the idea of Confucianism that uses courtesy to govern the country emphasizes that managing our own family has the priority over governing the country. The system of marriage law in Han formalizes the order of family and marriage, which plays a particularly important role in the framework of Confucianism. Meanwhile, since Han Dynasty, Chinese traditional law had become the system of Confucianism. Against this historical background, the marriage law in Han centered on the Confucian ethics and main function is to popularize and teaches Confucian ethics and punishing the violation of Confucian ethics. The marriage law in Han also has some political and economic functions, which can adjust the construction of feudal political thought, political and economy. Secondly, it explores the characteristics of the law making and the administration of justice for marriage in Han. There are four characteristics: (一) The guideline is the ethics of Confucianism;(二) Monetary standard of the family; (三) Its main aim is to build the Confucian family order and achieve the goal of using courtesy to govern the country; (四) The model for adjusting is a union of courtesy and law an emphasizes courtesy. Most of the characteristics correspond to the basic functions of the system of marriage law in Han, and are the soul of system of marriage law in Han. The two questions are the core part of the present paper.In the final aspect, it takes the Chinese system of marriage law as the starting point, probing into and analyzing the contemporary value and the historical meaning of the Chinese system of marriage law. On the one hand , the legal system of Han has opened the door of feudal system of marriage law with the ethics of the Confucianism as the guideline, has established foundation for the construction of the feudal system of marriage law for 2000 years; On the other hand, from the point of relationship between ancient and modern, the system of marriage law in Han still influences the marriage life of contemporary Chinese so far to some extent. From this point, the system of marriage law of Han also deserves to be concerned.Through the investigation of the system of marriage law in Han, the present thesis draws a conclusion that the system of marriage law in Han forms a connecting link between what comes before and what goes after, and plays an important role in the development of the system of marriage law in ancient China. The system establishes firmly the ethics of Confucianism as its guiding ideology, and lays a solid foundation for the development of the feudal marriage system.