"storical" Legal Analysis

The succession marriage is an important marriage type in the history of mankind, and is the unwritten law of many minorities of China. The dissertation analyzes the origin, the reason, the form and the content of the succession marriage. The regulations of the succession marriage in the unwritten law and the state law are studied and the legal validity of the succession marriage is also analyzed.The first chapter is about the succession marriage in the unwritten law. The succession marriage originated after the one-husband-one-wife marriage form and as the foundation of patrilineal society. The succession marriage accorded with the actual condition of the minorities and became an important part of the unwritten laws of the minorities of China. It has been prevailing from the ancient times to the modern times in different minorities. The succession marriage also existed in the Han nationality, but it was not common after Qin and Han dynasties.The regulation of the succession marriage in the state laws of Yuan, Ming and Qing dynasties is studied. The succession marriage is the unwritten law of the Mongolia nationality. The state law of Yuan dynasty protected the succession marriage of the Mongolia nationality. However, the attitude to the succession marriage of the Han nationality changed from the acquiescence in the beginning of Yuan dynasty, to the legalization later, and then to rigid prohibition at last. The laws of Ming dynasty prohibited the succession marriage rigorously from the beginning to the end. Although the succession marriage had been prevailing in the Man nationality, the government of Qing dynasty adopted Han culture from the time of Huangtaiji and the succession marriage was prohibited by laws. However, in Ming and Qing dynasties, the succession marriage existed widely in civilian life, which reflects the collision between state laws and civilian traditions.The legal validity of the succession marriage is studied in the third chapter. First, the succession marriage represents some benefit mechanisms, which includes economical benefit and political benefit. This is the fundamental reason for the existence of the succession marriage. Second, the succession marriage has important effect on individuals, families and societies. It preserves the living right of the widow, the order of the race and has important effects in stabilizing the society.As an important marriage manner, the succession marriage reflects the culture feature and social demand of the time and the place. The succession marriage has historical validity and native value, which can be used for reference by current marriage laws.