The Institution And Reality Of Marriage In Tang Empire

Law of Tang Dynasty,the representative work of Chinese law system,is well known in the world with its perfect content,mature style and superb legislative technique,which played an important role between the preceding and the following.It had a great impact on the countries of East Asia,and was the mother law of Chinese law system which contained the national laws of Korea,Japan,Vietnam and other subsidiary countries.As the first written marriage and family law in China,the law of Tang Dynasty set strict and meticulous regulations about the procedure of marriage,prohibitive and terminating conditions,etc.Although it has the limitations of times,the reference of today's legislation is still of great significance.Confidently,The Tang Dynasty implemented the open-minded ethnic policy after it was established,which brought about the continuous exchange of Chinese culture and western cultures through the Silk Road.Thus the Tang Dynasty was influenced by the custom of northern and western states,the aspect of its marriage and family included,which appeared the characteristics of the times.This thesis,formed of three parts,analyzes the discrepancy between the regulations of law and the reality,comparing the literal rite and the barbarian custom with the method of sociology of law.The first part discusses the regulations of Tang Dynasty law about marriage,including guiding ideology,establishing elements of marriage,prohibitive provisions,dissolution of marriage,and the remarriage of women.The second part describes the performance of the custom of ethnic minorities,including the marriage that disobeyed the law and rite of Confucianism,and the status of husband and wife in life.The third part explains why the reality of marriage differed from the regulations of law.The trend of Chinesization originated from the reform of Xiaowen Emperor of Northern Wei,and underwent further development in Sui Dynasty and Tang Dynasty.Wen Emperor of Sui Dynasty implemented the policy of Chinesization and Confucianization,and the Tang Dynasty carried it on,which shaped the society with institution.The custom of northern barbarian tribes is the result of entry of barbarian tribes during the period of Five nomadic tribes and Sixteen states.The people of Tang Dynasty didn't hold the Great-Hanism due to the factor of national amalgamation,politics and ideology.I found the study of Tang Dynasty marriage only focuses on the literal institution and ignores the custom,which is open and inclusive.I writes the thesis to analyze the reason of difference between version and reality.