Study On The Phenomenon Of Extramarital Affairs And Their Legal Regulations In The Ming Dynasty

To further enlarge the original historical materials on the research of Chinese Legal History,explore new methods to study legal history,enhance objective identity of sense of worth in ancient literary works about legal history,this thesis deeply analyses and discusses 18 cases about extramarital affairs,which are carefully differentiated and picked up from Sanyan Erpai.In the angle of view about inter-disciplinary study of Law and Literature,198 novels in total are looked up from well-known collections of human-feelings novels created in the Ming Dynasty to extract original materials of legal history.There are totally 4 parts in this thesis:The first part,namely chapter 1,the background of writing of Sanyan Erpai is reviewed firstly,including two writers,the process of writing and publishing and contents about law to explain its research values.And then,after extramarital affairs and its related terms are primarily differentiated and analyzed,regulations about marriage and extramarital affairs in of The Great Ming Code are introduced.Moreover,the screening and counting processes of extramarital cases are stated and the outcomes are showed in the form of charts.In the second part,namely chapter 2,19 cases of extramarital affairs were classified 2 times according to the differences of the subjective identity and disposition.They were divided into extramarital affairs between average persons,between masters monks and nuns to commit adultery,and married men long whoring to focus on the description of the case;and they were divided into extramarital affairs cases involved in law and disposed by domestic disciplines to discuss the specific content and practice.In the third part,called chapter 3,we concluded the basic characteristics of the regulation of extramarital affairs in the Ming Dynasty that Law is the most important way,etiquette and common reason are supplements,take family ethics as the core,the inequalityof rights between subjects Aggravated punishment on monks and nuns to commit adultery and Increase attention to the rights of extramarital,and so on.In the fourth part,called chapter 4,the success and failure of the legal regulation of the extramarital affairs in the Ming Dynasty are deeply analysised and it proves effective maintenance of marriage order,and that it is difficult to contain the situation of frequent extramarital affairs for some reasons.At last enlightenments of the legal regulation of the extramarital affairs in the Ming Dynasty are deep discussed and we should givie full play to the internal early warning role of the family,pay attention to the moral construction of marriage and family,continue to promote equality between men and women and strengthen the protection of the rights of children born out of wedlock.This thesis puts forward some new methods in the study of law and Literature,and points out many theoretical expansibilities of Sanyan Erpai through legal perspective.In the end,by analytical analogy of extramarital affaires both in ancient and modern time,the conclusion is drawn about how to establish harmonious and stable marriage order and to be beneficial to marriage order and morality at present.