A Study For Actual Form Of Divorce In Tang Dynasty

The Chinese females have been always in the subordinate position since ancient times. According to identity law, husband and wife are centered by control-and-obey relationships. The property relations hidden behind identity are the same. Tang dynasty Confucianism basically negative rights of women’s private property and divorce. I widely employed relevant law framework in this paper, searched many related historical document, such as ancient inscriptions, unearthed materials, anthology, which focused on inconsistent with emulations and etiquette rules of divorce case. I try to find out the huge gap between the legal system and the social reality in Tang dynasty. Also discuss such social systems leave how much living space for divorced women. To achieve these goals, this article will discuss from the following several aspects. On the basis of gathering the cases, this paper focused on those materials and topics of the living conditions of women in tang dynasty. These topics covered the rights of female divorce in different ways, source and ways of women’s private property, the home and end-result for divorced women. Our predecessors did not or seldom involves in these aspects.This paper consists of four parts. The first part is to introduce view of marriage and divorce in ancient China. In view of predecessors have no specific study on brief history of divorce. They did not refine the context of development of divorce, which can’t conform to modern people’s reading habits. So I choose some typical cases to do a preliminary study. Although it is obviously hard and rough, it is also the efforts of this paper.The part two is to introduce reasons and ways of divorce in Tang dynasty. This section is basically in accordance with the legal framework. Mainly focus on looking for divorce cases and discussing the female rights of divorce. In some cases, phenomenon which the actual cases is inconsistent with law and ritual were put forward.The third part is to introduce legal consequences of divorce in Tang dynasty. This part is the hard core of this paper, which is innovative. This article makes a preliminary study on the issues, including personal relationship, property, childcare responsibilities, maintenance after they divorce, and makes a primary analysis on relevant cases. The paper mainly discussed women’s end-result and their origin of property after divorce, so as to find out such social systems leave how much living space for divorced females.The fourth part is the conclusion. In view of the many cases handled in the phenomenon of discount with Confucianism, in this part I offered my own explanation, which is also my own views on relationship for marriage and discipline rite at ordinary times.