A Study On Buying And Selling Of Marriage And Its Legal Regulations In The Song Dynasty

The main form of marital form in China's feudal society is the buying and selling of marriage.Its main feature is to obtain the other party's property as a marriage condition,and to form a marriage through money or material forms.In this form of marriage,the consideration of economic benefits far outweighs the sexual relationship between men and women,and the women in the marriage become exchange goods that are marshaled or invaded through money or material forms in fact.According to the degree of directness and openness of the form of property acquired in the buying and selling of marriage,it can be divided into two types: one is to publicly obtain a certain amount of value,which is an open sale and purchase marriage;the other is to ask for certain property in the form of bride price,etc.,as a disguised form of sale.In the Song Dynasty,the concept of doors declined;The popularity of bureaucratic groups enjoys popularity;For the sake of succession,the social needs of buying and selling people are widespread;Employment system and commodity economy have in-depth development.These factors have promoted the emergence of strong secularization characteristics in the Song Dynasty civil society.The the buying and selling of marriage has become more superficial and open.It has become the main background of the marriage form in the Song Dynasty.The buying and selling of marriage of the Song Dynasty on the traditional form,and evolved a new form,making the marriage form more complex.Song Dynasty's buying and selling marriage can be divided into three kinds: First,the disguised marriage of buying and selling,call it the marriage of wealth;Second,the narrow sense of buying and selling marriage,call it a marriage of buying and selling the body,according to the degree of will violation of female population,it is divided into two types:plunder and self sale;Third,marriage of hiring wives.In the official and civil society of the Song Dynasty,there were different legal rituals and social public opinions for different forms of buying and selling marriage.In view of the marriage of wealth,the marriage of buying and selling the body,the marriage of hiring wives in the Song Dynasty society,the government did not strictly abide by the law in practice,but performed certain modifications based on actual conditions.In the Song Dynasty,the discussion of financial marriage was not prohibited by law.Itbelongs to the category of “courtesy and order”.Scholars of the Knowing the truth in the Song Dynasty deeply criticized financial and martial arts in order to teach civilized people.The government of the Song Dynasty set up special legal provisions for the phenomenon of the buying and selling of marriage.The marriage of buying and selling the body in Song Dynasty is the focus of this article.The Song Dynasty strictly punishes the sale and purchase of female population with the Crime of Population Trading,For those who have already formed a actual marriage,the judge judges comprehensively considering the factors of emotion,principle,and law.The judges of the Song Dynasty held a protective attitude towards legitimate self-supplied marriages.When there were disputes,the cases were settled according to the originally signed contract.The marriage of hiring wives shows a complicated trend in the Song Dynasty,The judges of the Song Dynasty had repeatedly cited the marriage laws of the users and sentenced them to guilty in handling the case of the marriage of hiring wives,and later admitted that they were actual marriages.“Employing his wife to others is equivalent to divorce” become the legal requirement of the application.Through the study of marital phenomena and legal regulation,it analyzes illegal and legal buying and selling marriages,highlights the specific measures taken by the government in the face of buying and selling marriages,and further observes the impact of these acts on the later dynasties.