Theory Of Relationship Between Family Law And National Law In Qing Dynasty

In the period of Qing Dynasty, Family law had reached an unprecedented height in the history. Both the content and the range are wider than former dynasties’ family law. Family law and national law influence each other, which is of great significance to social stability in Qing Dynasty. This article study the relationship between Qing Dynasty family law and national law and adjustment, to hope that we could have a clear understanding of relationship between Qing Dynasty family law and national law from micro perspective.This article is divided into four parts. The first part mainly analysts the concept of family and clan, family and family law, etc. Clan is combined with marriage and kinship family social unit, kinship is tie to constitute a large family of social network.nature of family law in the Qing Dynasty. The main content is divided into the influence between family law and national law and the difference between family law and national law. Family law is largely consistent with the national law, which makes up for the national law in many insufficiencies and recognized by the national law.The third part mainly study heir inheriting system in detail from the angle of family regulations and national regulations in Qing Dynasty. Carrying on the family line is the idea of heir inheriting, which is the core of The idea of family. Heir inheriting system means that it is a continuation of the family, the inheritance of fathers blood. This part mainly study heir inheriting system from three aspects, that are the difference between ChengJi and LiJi, principle regulation of LiSi, special LiSi case in the practice.The forth part mainly study of marriage content and adjustments in the family law. The purpose of marriage in ancient is the continuation of the clan and the ancestors sacrifice. The marriage sees the clan as the center, which is related to the rise and fall success of the family. This section from the marriage taboo, the effectiveness of the marriage, the adjustment of the special institution of marriage and divorce of marriage four aspects to analyze the rules of the family marriage law in Qing Dynasty, which we could have a clear understanding of institution of marriage with local family related in the Qing Dynasty.As an important part of the Chinese legal system, Family law played a very important role in promoting the development of social economy, maintaining social order and consolidates the rule of the state and so on. Attaches great importance to the positive role of family law and other civil law, pay attention to absorb the essence, has the vital significance to today’s rule of law construction.