Font Size: a A A

A Study Of The Adoption System In The Tang Dynasty

Posted on:2016-10-31Degree:MasterType:Thesis
Country:ChinaCandidate:C C YangFull Text:PDF
GTID:2296330461958754Subject:Legal history
Abstract/Summary:PDF Full Text Request
Adoption is a modern legal concept, which means a kind of legal action, that the citizens(nature person) adopt others’ children in accordance with the law, and make the relationship with the adoptee between parents and children. Under the influence of the plain legal and etiquette, ancestral inheriting system accepted by most people in the traditional Chinese ancient society. What is called, “A sub vertical long, no heirs”, the integrity of the family is very important in that era. So, it that period, adoption was seen as a kind of remedial measures to make the lineage survive, that was not only an important way to make kinship, but also an important part of Chinese ancient patriarchal clan system.As the Tang Dynasty is in the heyday of Chinese feudal society, its legal system tends to be complete. Adoption, a previous convention, has been enacted as law at this stage and has been refined constantly. For a long time, most research on the adoption system in the Tang Dynasty focus on the individual aspect, such as the type of adoption, the purpose of adoption and the property inheritance. However, there is a lack of holistic approach to its adoption system. Therefore, with the recall of the adoption system before the Tang Dynasty, this thesis will analyze the main content of the adoption system after it is enacted as law in the Tang Dynasty. Finally, it will conclude the new characteristics of the adoption system, as well as its historical causes and social significances. This thesis also tries to completely present the adoption system of the Tang Dynasty at a more macroscopic level.In addition to the introduction, this paper can be divided into three parts.The introduction mainly discusses the historical status of the adoption system in the Tang Dynasty. It also summarizes the current researches on this system. And finally, it will introduce the research methods and innovations.The first part of the thesis will present an overview of the adoption system. It will introduce the concept of adoption and the historical origins, as well as the outline of the adoption system before the Tang Dynasty. As a legal concept in a modern sense, adoption has a long history at all times. Before the Tang Dynasty, it always appears in the form of folk custom or convention. Thus, this part focuses on the developments and changes of the adoption system in this period.The second part will focus on the analysis of the main content of the adoption system in the Tang Dynasty. This part mainly includes the subject of adoption, the establishment and termination of adoptive relationships, the type of adoption and the rights and obligations of adopted sons. First, in accordance with different adoption subjects, there are three cases, adoption before the death of the heir, adoption of the widow and adoption after the death of couples. Then, it will introduce the procedure and document that should be conformed to when establishing adoptive relationships. It will also analyze the termination of the adoptive relationship. Later, it will refine the adoption types of Tang Dynasty into five types, among which the adoption of eunuch is a new phenomenon that cannot be ignored in the late Tang Dynasty. Finally, with a modern legal framework, from the perspective of the adoptee, it will conclude their rights and obligations, which include the criminal responsibility.The third part will give historical appraisal to the adoption system in the Tang Dynasty, including the new characteristics, historical causes and social significances of the adoption system. First, it will summarize the new characteristic of the adoption system that its hierarchy and patriarchal flavor are different from that of the former and later dynasties. Second, it will describe the historical reasons for the stabilization and completion of the adoption system in the Tang Dynasty. In addition, it will discuss its social significances. In short, we have to fully master the adoption system in the Tang Dynasty, absorb its essence, and provide a new reference for the modern adoption law.
Keywords/Search Tags:the Tang Dynasty, adoption system, adopted son, inheritance
PDF Full Text Request
Related items