Legal Analysis Of Levirate Marriage In Yuan Dynasty

In the history of human marriage,the system of Levirate Marriage which is an importantprovision in the marriage legal system is an important element of ethnic minorities customarylaw in China.Since the20thcentury, we have some achievement about Levirate Marriage inscientific research,but so far,these achievements,have a single content,mostly just start froma historical point of view and are lack of comprehensive review of Levirate Marriage from alegal angles.In particular, there is of great significance that the system of Levirate Marriage isissued by the form of national legal in the Yuan Dynasty,while there is very little research inthis regard.In the meantime,it is necessary that further studying the reason why the marriageare prevalent in the Han areas.Therefore,it is of great significance that we should combinatethe specific provisions of the customary law and the state statutes,analyze and summarizeLevirate Marriage by legal history materials.In the Chinese Legal System,the Yuan Dynasty is the beginning of legal system relatingto Levirate Marriage, and also directly affect the legal provisions in the Ming and QingDynasty.Then compared to other dynasties,what is the particularity about Levirate Marriagein Yuan Dynasty? How the attitude of Dynasty rulers?Consistent?Are there any restrictions orrequirements?What is the comprehensive review of the Levirate Marriage?The mostimportant is that how the factors and considerations made people choose such the marriagesystem.This article will deal with the above-mentioned problems and examine the legal statusrelating to Levirate Marriage during the Yuan Dynasty.The author hope that we can listen tothe hidden voice of history,make a cross-comparison by various levels,make a comprehensiveand subtle analysis and return a more specific the whole picture and fair evaluation followingthe phenomena reflected by Levirate Marriage in Yuan Dynasty.This article is divided into four parts.The first part is about the sketch of the LevirateMarriage in Yuan Dynasty. In that time, people were divided into four classes: theMongols,Semu,Southerners,and Chinese.The basic idea was to take the ethnic division andconquer,and adapt different laws,including adapt different provisions of LevirateMarriage.The article will speartely discuss the law practice of Levirate Marriage about ethnicminorities and Chinese reflecting the Yuan Dynasty not only in the legal aspects of theimplementation of two system,morality is also a double standard.The second part say that the idea of Confucian method influence with the Levirate Marriage in Yuan Dynasty.When theMongolian seize the Central plains,they are still in the stage of slavery,which have only theirown regular customary laws,the more they do not know “three cardinal guides and the fivepermanent members Traditional Ethics”,“Gangchanglunli”and so on.The rulers had to appointconfucians to help them to define the instrument,the system of ritual,built Bureaucracy andother stable order.The confucians who were appointed also took the opportunity to promotethe rulers to make a fresh start.With the widespread dissemination of Confucianism,Chinesetraditional moral ethics was gradually accepted by the people who were to the ruler down tothe civilians,so the attitude of whom about Levirate Marriage has been greatly changed.Thethird part analyzes the Levirate Marriage in Yuan Dynasty and the revival of widow chastityIn Yuan China, Levirate Marriage was popular, did not deeply influnced the development ofthe law of chastity,so if the women did not want to be received following the words,they mustonly be widowed.Turned to the Yuan Dynasty,probably in the years1260-1330,the MarriageLaw promoted chastity by the influcement of the provision of Levirate Marriage.The processwas repeated non-fixed,so we are still forbidding the Taihe law as a dividing point ofview,the stage of which is divided into four periods.Firstly,before forbidding Taihelaw,probably in the year of1260-1271,the society implement the scheme of "OneCountry,Two systems".Secondly， in the year of1271-1276,the law began to bemongolism.Thirdly,in the year of1276-1294,the law began to widely adopt and revive thevalues for Chinese.Last but not the least,in1294-1330,how the society is changed after thedeath of Hubilie.The four part explicitly analyse the reason why the Levirate Marriage ispopular in Yuan Dynasty and the influnce on future generations by economic,heirs,religiousreasons and so on.At the same time,the discussion are in combination with historical detail tomake the article special and accurate.