The Research On He Li System In The Tang Dynasty

There are three divorce types lived at the ancient history in china:one is for the woman’s repudiation at one-sided, namely "Qi Chu", the other is the"Yi Jue", which is the dissolution of marriage being forced by state because of the happening things regulated by the national laws, and the third is the "He Li", which is similar to the modern sense but not exactly the same to the modern divorce by agreement.He Li is one divorce system lived at the ancient Chinese society between the husband and wife, which is the hopeful divorce system because the couple doesn’t live a harmonious and peaceful life to make the marriage life going on. The ancient marriage lived aims at making the two sides’relationship well, and the divorce lived aims at terminating the relationship for the two sides. The ruling order for the ancient Chinese society is constructed on social order for the family, and family is the basis for the whole socity, which is also the basically economic unit and social organization. The marriage united among family groups aims at specific economic or political interest, and the interest alliance is broken by the divorce by correspondingly. So, there are strictly restriction to the divorce lived at the traditional culture of marriage laws.Qi Chu is the unilateral divorce system whose happened to the wife repudiated by the husband at the etiquette by followed. Yi Jue is the divorce system happened between the husband and the wife by the state which is to follow the legal system. The two systems being established is to maintain the society being harmony, and to stabilize the family groups. The Two kinds of traditional marriage systems was respected under the various dynasties where the Confucian Ethics is lived. Correspondingly, He Li, happened when the incident is hopeful to the both sides, is the supplement to traditional divorce system aims at maintaining social stability, the interests of the traditional clan system. As one agreement divorce way, He Li is constructed by the legislator under the circumstance which is not only in accordance with the ethics norms to safeguard national and family interests, but also in proper consideration of both male and female individual feeling.The main purpose for the paper is to show the original face for the He Li system and its values lived in the Tang Dynasty, through the system research on the system origin, basis being constructed, main contents(relationship among the He Li, Qi Chu, Yi Jue, the He Li procedure, legal outcomes and the restricted application) and its evaluation in the history.There are five parts altogether lived in the paper:The preface is to make the general summary for He Li and to introduce the research outcome for He Li and its relevant areas.The first part is to introduce the system origin to the He Li system of Tang Dynasty, containing the historic origin and lawful one.The second part is to introduce the basis of He Li being constructed, which showes the times background from the thinking side and the social base one.The third part focuses on introducing the main content of He Li system in the Tang Dynasty, which mainly contains relationship among the He Li, Qi Chu, Yi Jue, the He Li procedure, legal outcomes and the restricted application.The fourth part is making the historical evaluation for the He Li in the Tang Dynasty.And the end part is to making the summary to the whole paper’s research content and some thinking of the author to He Li system.