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Western Xia Tian Sheng Laws "in The Institution Of Marriage Research

Posted on:2013-01-19Degree:MasterType:Thesis
Country:ChinaCandidate:Y WangFull Text:PDF
GTID:2216330374458319Subject:National Law
Abstract/Summary:PDF Full Text Request
Xixia dynasty was the minority government in history which lasted for more than100years, and its main ethnic was Dangxiang Qiang. Xixia made a lot of laws such as Tiansheng Laws that is the most important law in history, which is one of the laws of minority government and has very high research value. However, there is no deep research on it.The article discuses the marriage system in detail in order to understand the marriage system and social conditions of Xixia dynasty, carry forward the national legal culture, enrich the Chinese Legal System. At the same time, explore some of the historical revelation of contemporary legislation from the legislation of the Xixia, by researching the marriage system of Xixia dynasty and its character.The article is divided into two main parts, introduction and text. Introduction is about significance of the topic, Research Status, and research methods. The text includes four parts.The first chapter:the social situation of Xixia dynasty and "Tiansheng laws". The first part of this chapter discusses the founding of Xixia dynasty, geographical environment and the national situation of Xixia dynasty. Xixia learned and absorbed advanced technology and culture of the Central Plains region by resettlement within the Central Plains, in order to develop quickly. The second of this chapter introduces the main contents, the Written Ages and its background of "Tiansheng laws".The second chapter:marriage system of Xixia dynasty, includes marriage system, divorce system and other system. The establishment of the marriage requires reaching the statutory age of marriage, matchmaker and parental order, as well as legal bride-price and dowry. It was forbidden to marry to surname. Marriage by capture and bigamy was forbidden too. It is allowed to divorce in seven cases, and not allowed in three cases. There were some other rules about marriage system, such as breach of Marriage Engagements, remarriage and elopement.The third chapter:the character of the marriage system of Xixia dynasty and the causes. The character of the marriage system of Xixia dynasty includes more rules, polygamy, the prevalence of the tables in marriage, limit for marriage date, higher women's status and more relaxed mun concept. The causes include harsh natural environment, complex social patterns, clan forces that hinder the feudal process and unique culture and customs.The forth chapter:the historical revelation of contemporary legislation from the legislation of Xixia. The spirit of the legislation of Xixia is learning and creative spirit, which plays a inspiration for contemporary legislation.In the conclusion part, it is about the inadequacies of the article and the hope that more scholars concern about the research of Xixia legal system.
Keywords/Search Tags:Tiansheng Laws, the marriage system, ethniccharacteristics, legislation Enlightenment
PDF Full Text Request
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