Research On Marriage Lift System In Tang Dynasty

In order to have a full life we need to get married, in order to have a sound society weneed to organize a family. In view of the marriage and families play an important role in thehuman society for its survival and development, so we need to study every behavior on thedissolution of marriage. Through a long period of development, china ancient law systemfinally becomes mature and complete to the Tang Dynasty on the marriage and families. Tangcode is a masterpiece in explaining of Yong Hui law, that is our country the earliest and themost complete statute, and it also has profound effects in home and abroad. In the feudalsociety, women not only suffer the oppress from the regime、the clan authority and thereligious authority, but also suffer the domination from the authority of the husbands. TheTang Dynasty’s legislations for women follow the doctrine that women are inferior to menand they should remember the obedience and the virtues, so the Tang Dynasty’s code aboutthe interpretation of the provisions on the marriage are the reflection of the concept about thefeudal hierarchy and the Patriarchal order in marriage, in order to consolidate the authority ofthe husband and maintain the feudal marital stability.The Tang Dynasty about marriage relief provisions are “Qi Chu”、“Yi Jue”、“He Li”. TheTang Dynasty’s regulations about “Qi Chu” come from the ritual system on the continuationof blood and the ancestor worship, which is established for the interests of the families, withstrong feudal color.“Qi Chu” is the law clearly set in the system of dissolution of marriage,once the both wedded life has one of the seven cases, the husband can write a divorcecertificate to lift the relationship of marriage. For the purpose of “Qi Chu”, Dong Jia Zunthinks that it is not to guarantee the lasting marriage, and it is also not to give men specialrights to divorce easily, but to maintain the interests of the families, that are built on the basisof the patriarchal doctrine. Since ancient times we think that marriage is the product of twofamilies are good, the righteousness is the connecting link between the two sides, during themarriage, both sides have the righteousness keeps marriage, otherwise marriage should be cutoff,“Yi Jue” is the way of divorce. In addition, the marriage only has the countries’ andfamilies’ consideration is not enough, because the marriage life is the first manifestation oflife between husband and wife, we also need to take into account the couples’ will. In view ofrespecting the couples’ desire, the realistic society emerges “He Li”. Generally speaking,“QiChu” is the legal system of divorce, which abides by the etiquette,“Yi Jue” is the divorce system that they gets divorce compulsively by the state, and “He Li” is the divorce system,which is the couples’ willing to divorce. This divorce system is based on “Qi Chu”,“Yi Jue”is as the means, and “He Li” is as the supplement, they all play an important role in themarriage and families’ life for maintaining social harmony and families’ stability.The main content of this paper includes four parts: The first part is about the rules of allkinds of marriage lift system’s origin and content in Tang Dynasty. Based on the research ofthe origin of the Tang Dynasty’s marriage lift system, we know that the “Qi Chu” system hasa long history, and its contents are the same with the ritual contents. Although the basic spiritof the “Yi Jue” has been formed in Han Dynasty, but the basic contents of “Yi Jue” system iswritten in law formally in the Tang Dynasty. In addition, in order to meet the needs of thesocial development, the Tang Dynasty has been having the example of “He Li” in couples.The second part is analyzing all kinds of Tang Dynasty’s marriage lift system. Through thecomparison and analysis, we can clearly know that the system of “Qi Chu”、“Yi Jue” and “HeLi” should be applied in which case. The third part mainly discusses what procedures shouldbe followed in the Tang Dynasty’s marital cancellation and the problems of effectivenessincluding the internal and external after removing marriage. Thus, we can clearly understandwhat basic rights the women can have after divorcing in Tang Dynasty. The fourth part isabout the influence of the Tang Dynasty’s marriage removing system to the future generationsand the ancient surrounding countries. This suggests that the skills about marriage andfamilies’ legislations in the Tang Dynasty highly enough to provide reference for the ancientsurrounding countries.