Font Size: a A A

Discussed "7 Yes, 3 No" Legal System In Ancient China

Posted on:2011-06-16Degree:MasterType:Thesis
Country:ChinaCandidate:J W YangFull Text:PDF
GTID:2166360305982332Subject:Law
Abstract/Summary:PDF Full Text Request
Marriage is an important aspect of life in the human society, One woman in marriage has a special status, The status of women's lives reflects the culture of marriage and the fundamental outlook to a certain extent. From the ancient Chinese marriage functions and purposes, the establishment of the marriage is actually a benefit for the family. If a marriage cannot achieve the interests of the family,it will not be able to play a role in its function and will lose the real value, of course, divorce is the couple's choice. It seems that both husband and wife are linked and maintained by "righteousness" according to the ancients。This "meaning" the spouses are required to both family commitments to the moral and legal obligation. No "righteousness", the relationship between husband and wife is no link to point,the dissolution of marriage will be a conclusion. The marriage ritual penetrates into the Confucian idea ,so forms the ancient Chinese system of characteristics of divorce——"7 Yes, 3 No ". "7 Yes, 3 No " is Confucianism for the dissolution of marriage by the customary provisions in the Spring and Autumn period, later the law was introduced in the Tang Dynasty. "7" is the husband's will of their own that is subjective unilateral repudiation of the seven kinds of reasons, The exclusive right to divorce is a typical performance,which allows for a certain reason her husband to abandon his wife,In the "7", her husband's parents can decide clutch their children's marriages according to their likes and dislikes; Husband also occupied a marriage initiative. This is essentially a one-sided divorce, the exclusive right to divorce, which the parents and her husband have the exclusive right to the marriage. "7" is a ceremony of law which gives men the right to unilaterally out of his wife. With this right, there is no mandatory requirement of propriety. Men can exercise; it may not be exercised out of his wife, and is also not subject to government penalty. As the impact of traditional Chinese patriarchy, ritual law will humble young children to be placed in the position to make a wife's rights being manipulated by their parents, leading to a wife is sometimes not entirely out of her husband's own wishes.In addition to etiquette to give parents and her husband the exclusive right to divorce, but also for their right to divorce to the limit, which is the "three not to" requirement. If the wife has the one of "three No," the law would prohibit her husband's repudiation of marriage, or be punished. "Three No" is essentially designed for parents to limit the right of divorce, designed for husband to the restrictions, and is the etiquette of marriage for the parties of their right to divorce restrictions. From the "three No," the spirit is embodied in the provisions of view, in the men's restrictions on freedom out of his wife, and avoided a series of social problems. It has a positive effect for the stability of marital relations; it also embodies the Confucian spirit of benevolence and righteousness, reflecting the ancient Chinese rites and laws of the importance of human relations."7 Yes" and "3 No" is a unity in the "bonds of friendship," and is designed to safeguard the nature of marriage in Chinese society and the codes of ethics that needs. As the Western Zhou system began to establish the "7 Yes 3 No" system, which has profound impacts. In the later centuries-old traditional feudal society, the dissolution of marriage conditions and restrictions generally do not exceed the "7 Yes 3 No" restriction.
Keywords/Search Tags:7, 3 do not, Zhou Dynasty, Han, Tang Dynasty, Marriage, Li system, Legal
PDF Full Text Request
Related items