Yi Jue Divorce System In The Qing Dynasty

Legal divorce system in Ancient China mainly include Qi Chu,Yi Jue,He Li and Divorce for Breaching law.And YiJue means that the husband and wife or one’s relatives implement some criminal acts,resulting in the relationship between the husband and wife has been canceled,then the government make a divorce Judgment.As a very distinctive divorce system,it was formed in the Tang Dynasty and abolished at the end of the Qing dynasty.,which was a model of the combination of law and discipline rite.This article through the study of the ideological basis and history of the Yi Jue divorce system,and explore its legal provisions and operation in the judicial practice,analyze its characteristics and the reasons for the change in Qing the dynasty,to make some helpful design for the current marriage law.The first part,the ideological basis and historical evolution of Yi Jue system in ancient China.The system was originally put forward as a ritual theory,and became a system universally recognized at the time of the Han Dynasty,and became a specific and operable legal norms in Tang Dynasty.This study is of great significance to the study of Yi Jue system in the Qing dynasty.The second part,Yi Jue divorce system in the law of the Qing dynasty.The concept of Yi Jue in Qing dynasty is not much different from the previous generation,but the provisions in the "Qing Dynasty Penal code" became more fragment.In addition,this chapter also study the determination and the legal consequences of Yi Jue system from the personal and property aspects in Qing dynasty and strive to have a comprehensive understanding of the Qing dynasty system.The third part,the specific type of Yi Jue divorce system in the judicial practice.Mainly through the archival information in the case of the study,the Yi Jue system in Qing Dynasty will be divided into two categories,includes the wife take some criminal act or the husband take some criminal act.This chapter mainly analyzes the operation of these two categories in justice practice,and explores the difference between practice and legal stipulationThe fourth part,the characteristics and value of Yi Jue divorce system in the Qing Dynasty.First,the characteristics of Yi Jue system in the Qing dynasty and its causes for the change.This part mainly based on the cases collected in the third part,emphasis on highlighting the difference between the system of Qing dynasty and before.Then through the study of the divorce system in the current marriage law,make some recommendations on how to effectively improve the imperfect part of the preliminary in our existing marital law.