On The Implementation And Supplement Of National Marriage Laws In The Jiangsu And Zhejiang Regions Since The Ming And Qing Dynasties

The legal structure of China ancient feudal society coexisted with state law and folk law,and jointly safeguarded the central and grassroots ruling order. Represented by Family law,folk law played a powerful role in the society at the grassroots society, especially in the adjustment of married households land civil trivia than state law was more thorough and effective. National law focused on the adjustment of the social order, Family law tended to standardize the internal order, the national law had left a huge space in the adjustment of social life. Family law was closed to the grassroots civilian life, filled the gaps in national law governance effectively, supplemented and refined the deficiency of the law effectively in follow under the premise of implementing national law. This article takes the marriage relation as the breakthrough point, points out several aspects of Family law implying and supplying the country's marriage law respectively from marriage to start, the content of marriage, marriage to end in Jiangsu and Zhejiang area since the Ming and Qing dynasties.The first part of the article introduces marriage in general in Jiangsu and Zhejiang area since the Ming and Qing dynasties. From the importance of marriage rules, involved content and the relationship between the national relevant provisions are to be discussed; The second part is from the perspective of marriage in Family law implying and complying national law. This paper first sets out the relevant state provisions, and then discusses this relationship respectively from the right to marry, the marriage age, the standards and the wedding ceremony based on Family law; The third part of the structure is similar to the second part, from the content of the marriage relationship, wife's family status and responsibilities, the relationship between wife and concubine, relationship of the rights and obligations under the widow wives, aspecting Family law implys and complys national law;The structure of the fourth part is same to the former, from the Angle of marriage to end and remarriage, reseaching the relationship between Family law and national law, the divorcement of husband and wife, husband's concubinage and widow's remarriage can reflect this relationship in the level. In the last part of the article is discussed to marriage in Family law stipulated by the social culture foundation and profound influencement. Family law such regulates the marriage, because of economic, social, legal, and cultural factors,these factors form the foundation of its existence; Not only to the social life in the past or to the modern social life, Family law has had a profound impact. Anyhow, as folk norms, Family lawimplements, extents and supplys the national law about marriage, according to the national spirit of further refinement, adjusting the relations of the folk social life together.