On The Marriage And Family System In The Tang Dynasty From Bai Juyi 's

"The commentaries on the codes of Tang discussion " provisions of the marriage and family system has very tight, this system fully absorbed the factors of "ritual", strict division the mutual rights and obligations of the members of the family, is very important to maintain the stability and development of the family. Although Tang to the hand of the law extends into the private rights of the family is highly concentrated space. Today this legislative model is very difficult to accept, but in accordance with the requirements of the Chinese traditional culture of today’s Chinese legislation also has an important reference value, this paper mainly in Bai Juyi’s "Party B of the sentence" in marriage and family court verdicts were analyzed. Analysis the legal, ethics, reasonable ideas, namely when case has nothing to do with the propriety and reason can strictly in accordance with the law of Tang Dynasty verdict, sentenced to rigorous written in text, arguments is correct and credible, when the conflict between law and ethics, the authors turn to the to "Confucianism" to find the inherent laws of morality, legitimacy to the moral demand, reflecting the Bai Juyi efforts in seeking of the law of nature. Although influenced by China’s ancient for a long time the traditional Confucian thinking, in the A and B sentence "on marriage and family cases in the decision process, patriarchal, seniority, di Shu have don’t have thought in today’s society has been abandoned. But in the A and B sentence "people-oriented, pay attention to" feeling "" reason "and" law "combined with the judicial philosophy, for the current stage of China’s judicial practice how to balance the conflict of Western rule of law culture and Chinese traditional ethical culture, played a very good reference and enlightenment.