A Study Of The Right System Of The Tang Dynasty

The fatwa right, which is an important content of Chinese traditional culture and filialpiety, has quite a long history and is deeply rooted in China. The fatwa right system wascompleted during the Tang Dynasty, which made the fatwa right system of Tang Dynastystanding an important status in Chinese legal history. In the Tang Dynasty, the fatwa rightplayed a positive role in the coordination of family relationships, the stability of social order,and cultivating children’s sense of responsibility and duty of filial piety. Meantime, putting thefatwa rights into the law system provided more effective information for studying the TangDynasty fatwa right. In this essay, there are five parts to study the fatwa right system, try tore-recognize and to grasp the unique impact of the fatwa right to the Tang society.The first part concerns the definition and evolvement of the fatwa right system. First isthe definition of the fatwa right, and then, according to a review of the legal system history,the writer describes the development course of the various periods of fatwa right before theTang Dynasty. During the pre-Qin Dynasty, the development of ritual culture and the view offilial piety sprout the fatwa the right system, and in the Qin Dynasty,the completed legalsystem forced the fatwa rights system to be formed. While the impact of the Han Dynasty’sfilial piety and the Confucianism promoted a more development of fatwa right system, andfinally, the legislative activities of the Wei-Jin, Southern&Northern Dynasties periodsprovided a fertile ground for the fatwa right system. The discussion on the evolvement offatwa right is based on time, and all the above has laid a foundation for the complete of theTang Dynasty’s fatwa right.The second part focuses on the historical causes of the Tang Dynasty’s fatwa rightsystem. There are three aspects, respectively, the political, economic, and the cultural aspect.For the political system aspect, not only from the rulers’ attitude, but also from the stateguidelines, the legal system and local policies, it is clear that the entire society of the TangDynasty advocate the views and activities of filial piety. For the economic aspect, the landdistribution system, the tax incentives system and the supplies helping system were all fully protected parental authority, which provided the right the ample economic environment andsufficient material guarantee for parents to exercise the fatwa right. And for cultural aspect,the Tang Dynasty admired the Confucian culture and its educational policy, and mixed thetraditional Confucianism into the cultural systems, as a result, it laid a solid theoreticalfoundation for the implementation of the fatwa right.The third part, which describes the specific content of the Tang Dynasty’s fatwa rightsystem, is the core of the whole essay. In this paper, by a broad understanding of the fatwarights and the integration of historical data of the Tang Dynasty, the writer summarized thespecific content of fatwa right as respected rights, tutoring rights, marriage decision, propertycontrol over the disciplinary authority, and to send correctional rights. Through the ways ofcase studying, historical analyzing, summarizing, historical researching methods, this sectionstudies the various aspects of the Tang Dynasty fatwa right system.The fourth section describes the characteristics of the Tang Dynasty’s fatwa right system,and summarizes five characteristics, the fatwa right was put into law, the double protection ofConstitutional Law and the law of the land, the deep-rooted Confucian ethics, the duality ofthe rights and obligations, and the lives of women under the fatwa right. Through a detailedanalysis of these five areas, we will further understand the unique feature of the TangDynasty’s fatwa right system.The final part is about the modern value for the fatwa right system, and it is also theinnovative part of this essay. First by the analysis of contemporary Chinese filial pietyproblem, the writer comes to the conclusion that the modern society is facing three problems,which are a family pension crisis, the children‘s lack of filial piety sense and the less completeof social security system. Because of the above problems, this essay suggests threetransformations, first, fatwa rights should return to the field of family ethics. Second, givefatwa right new meanings and third, adjust the way of exercising the fatwa right. Through thethree transformations, the traditional fatwa rights system may play a positive meaning to themodern society.